Allahabad High Court
RAMESH KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition was disposed with a direction to the petitioners to file a fresh representation before the respondent, and the respondent to decide it within a stipulated period.
Summary
The petitioners, Ramesh Kumar and another, filed a writ petition seeking a mandamus directing the respondents to compute their defence service, include it with present service, and fix their pensionary benefits as per Civil Service Regulation 526. They alleged that multiple representations to the respondents had been ignored. The respondents contended that fresh representations should be filed before the Uttar Pradesh Basic Shiksha Parishad for any relief. The court, without examining the merits, ordered the petitioners to file a fresh representation within three weeks, and directed the respondent to decide it within six weeks by a reasoned order. Consequently, the writ petition was disposed with the said directions.
Issues considered
- Whether the court can issue a mandamus directing the computation of defence service and fixation of pensionary benefits under Civil Service Regulation 526.
- Whether the petitioners must first file a fresh representation before the respondent before any mandamus can be entertained.
Subjects
- mandamus
- service computation
- pension benefits
- Civil Service Regulation 526
- writ petition
- administrative law
- representation
- Uttar Pradesh Basic Shiksha Parishad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14041 of 2026
Ramesh Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Pal, Ranjeet Pal
Counsel for Respondent(s) : Bhupesh Pratap Singh, C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, Mr. Bhupesh Pratap Singh,
learned counsel for the respondent-BSA and learned Standing
Counsel for the State-respondents.
This writ petition has been filed inter alia for the following relief:-
“(i) Issue a writ, order or direction in the nature of mandamus directing the
respondents to compute the petitioners defense service and after its inclusion
with present service make fixation as provided under Civil Service Regulation
526 awarding all consequential benefits along with pensionary benefits to the
petitioners."
Learned counsel for the petitioners submits that for redressal of their
grievances, petitioners have filed several representations before the
respondent authorities, but till date nothing has been done.
Therefore, a suitable direction may be issued to respondent no.2 to
consider and decide the representation of the petitioners within
stipulated period.
Learned counsel for the respondent-BSA submits that in case the
petitioners move fresh representations before the respondent no.2
ventilating all their grievances, an appropriate order shall be passed
in accordance with law.
Considering the facts and circumstances of the case and without
going into the merits of the case and with the consent of the parties,
WRIA No. 14041 of 2026
2
the writ petition is disposed of with a direction to the petitioners to
file a fresh representation before the respondent no.2 Secretary, Uttar
Pradesh Basic Shiksha Parishad, Prayagraj, raising all their
grievances within a period of three weeks from today. In case any
such representation is filed by the petitioners, the respondent no.2
shall consider and decide the same in accordance with law, by
reasoned and speaking order, preferably within a period of six weeks
from the date of production of a certified copy of this order if there is
no other legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 8, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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