Allahabad High Court
AKHTARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition, directing the petitioner to file a fresh representation within three weeks and the respondent to decide it within three months, without addressing the merits.
Summary
Petitioner Akhtari filed a writ petition seeking a mandamus directing the Executive Officer of Nagar Palika Parishad Jaunpur to decide a pending application dated 10 July 2025 concerning the non‑release of his gratuity and pension. The respondent argued that the grievance could be redressed by the same officer and did not oppose a direction for an expeditious fresh representation. The Court held that keeping the petition pending would serve no useful purpose and therefore disposed of it without reaching the merits. It directed the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order, and instructed the respondent to decide the matter within three months of receipt. The writ petition was thus finally disposed of with liberty to approach the authority again.
Issues considered
- Whether the Court should issue a mandamus directing the Executive Officer to decide the pending application for gratuity and pension.
- Whether the petitioner should be directed to file a fresh representation instead of the Court entertaining the present writ petition.
Subjects
- writ petition
- mandamus
- gratuity
- pension
- administrative law
- fresh representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14152 of 2026
Akhtari
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Mashhood Abbas
Counsel for Respondent(s) : C.S.C., Harish Kumar Srivastava
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, inter alia, seeking the following
relief:-
"Issue writ order or direction in the nature of mandamus to Respondent
no.2/Executive Officer (Adhishasi Adhikari) Nagar Palika Parishad
Jaunpur, District Jaunpur to decide the pending application dated
10.07.2025 received on 15.07.2025 of the petitioner, within shortest time
bound period as this Hon'ble Court may please under the fact and
circumstances of the case (Annexure No.4)."
3. Shri Harish Kumar Srivastava, learned counsel appearing on behalf of
respondent no.2 has contended that the grievance of the petitioner, qua
non-release of gratuity and pension, can be more appropriately redressed
by the Executive Officer, Nagar Palika Parishad Jaunpur, District Jaunpur
(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
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
WRIA No. 14152 of 2026
2
order and a self attested copy of the instant writ petition before the
respondent no.2, who, in turn, 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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