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Allahabad High Court

WAJID ALIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is disposed of, with the Court directing the respondent to decide the petitioner’s representation regarding the old pension scheme within twelve weeks.

Summary

The petitioner filed a writ petition seeking a mandamus directing the State to accept his option to be placed under the old pension scheme and to decide his representation regarding that option. The petitioner had already submitted a representation which was pending. The State argued that the petition served no useful purpose and that the respondent should be directed to decide the representation within a fixed time. The Court, without expressing any view on the merits, disposed of the petition and ordered the respondent to consider and decide the petitioner’s representation within twelve weeks of the certified copy of the order, after hearing the parties, provided no other legal impediment exists.

Issues considered

  • Whether the petitioner is entitled to be included under the old pension scheme.
  • Whether the Court can issue a mandamus directing the respondent to decide the petitioner’s representation within a specified time.

Subjects

  • old pension scheme
  • mandamus
  • writ petition
  • service matters
  • pension
  • administrative law

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 13993 of 2026

Wajid Ali
                                                                 .....Petitioner(s)
                                      Versus

State Of U.P. And 4 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)                :     Nimish Dubey, Sunil Dubey
Counsel for Respondent(s)                :     C.S.C.

Court No. - 33
                 HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "1. issue a writ, order or direction in the nature of mandamus
     commanding directing the respondents to accept the petitioner's option
     for being included under the old pension scheme like other similarly
     situated employees without any further delay.

     2. issue a writ, order or direction in the nature of mandamus commanding
     directing the respondents to decide the representation of the petitioner
     regarding acceptance of option under the old pension scheme."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
old pension scheme for which he has already moved representation which is
pending consideration.

4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no.1 to decide the representation of the petitioner within a
time frame as fixed by this Court.

5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 1 to consider and decide the
                                                                                         WRIA No. 13993 of 2026
                                                                  2


                                    aforementioned representation of the petitioner, in accordance with law,
                                    expeditiously, preferably within a period of twelve weeks from the date of
                                    production of a certified copy of this order after giving opportunity of
                                    hearing to the parties concerned provided that there is no other legal
                                    impediment.



                                                                                  (Manish Kumar Nigam,J.)
                                    September 8, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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