Allahabad High Court

AWADH KISHOR JAISWALversusSTATE OF U.P. AND 3 OTHERS

Decided: 8 September 2026
Bench: DINESH PATHAK

Holding

The Court held that the petition should be disposed without merits, directing the petitioner to pursue a fresh representation before the appropriate administrative authority.

Summary

Awadh Kishor Jaiswal filed a writ petition seeking mandamus directing the State of U.P. and others to pay his salary arrears from July 2003 to his retirement and to compel the second respondent to decide his representation. The Court observed that the grievance regarding salary arrears is more appropriately addressed by the District Administrative Committee, Primary Agricultural Cooperative Debt Samitee, and that the petitioner could obtain relief by filing a fresh representation before the appropriate authority. Accordingly, the Court dismissed the petition without reaching the merits, granting the petitioner liberty to move a fresh representation within three weeks and directing the respondent to decide it within three months. The petition was thus finally disposed of with directions for expeditious administrative redress.

Issues considered

Whether a writ of mandamus can be issued to compel payment of salary arrears when an administrative remedy is available
Whether the High Court can direct the respondent to decide a representation filed by the petitioner
Whether the petition should be dismissed without consideration of its merits

Subjects

writ of mandamus
salary arrears
administrative remedy
representation
public service
high court jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                              WRIT - A No. - 14142 of 2026

Awadh Kishor Jaiswal
                                                                        .....Petitioner(s)
                                        Versus

State Of U.P. And 3 Others
                                                                      .....Respondent(s)

Counsel for Petitioner(s)              : Jeetlal Yadav, Suman Kumar Yadav
Counsel for Respondent(s)              : C.S.C., Satyam Singh

Court No. - 32
                      HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the parties and perused the record on Board.

2. This writ petition has been filed seeking the following reliefs :-

     (a) Issue a writ, order or direction in the nature of mandamus
     commanding the respondents to pay the arrears of salary from July, 2003
     uptill date of retirement of the petitioner, along with interest to the
     petitioner, forthwith.

     (b) Issue a writ, order or direction in the nature of mandamus
     commanding the respondent no.2 to decide the representation submitted
     by the petitioner, before him, on different dates, forthwith."

3. Shri Satyam Singh, learned counsel appearing on behalf of the
respondent no.3 has contended that the grievance of the petitioner, qua
non-payment of arrears of salary, can be more appropriately redressed by
the District Administrative Committee, Primary Agricultural Cooperative
Debt Samitee, Centralized Service, Kushinagar through its Member
Secretary/Chairman (respondent no.2) and that he has no objection if a
direction is issued for expeditious disposal of a fresh representation, to be
moved by the present petitioner, within such stipulated period, as may be
directed by this Court.

4. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending; therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
                                                                                             WRIA No. 14142 of 2026
                                                                     2


                                    on the merits of the case, with liberty to the present petitioner to move a
                                    fresh representation with respect to his grievances, as raised in this petition,
                                    within a period of three weeks from today, along with a certified copy of this
                                    order and a self attested copy of the instant writ petition before the
                                    respondent no.2, who either himself or through the authority competent,
                                    shall consider and decide the same in accordance with law, expeditiously,
                                    preferably within a period of three months from the date of production of the
                                    same.

                                    5. With the aforesaid direction, instant writ petition stands finally
                                    disposed of.



                                                                                               (Dinesh Pathak,J.)
                                    September 9, 2026
                                    VR




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad

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