Allahabad High Court
CHANDRASEN DUBEYversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The petition was disposed of at the admission stage, with the petitioner directed to file a fresh representation which the respondent authority must decide expeditiously.
Summary
Petitioner Chandrasen Dubey filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to pay his salary for 12 days of sanctioned medical leave (28.03.2026 to 12.04.2026) and to consider his earlier representations for selection grade. The State, through its standing counsel, raised no objection provided the petitioner files a detailed representation. The Court, noting that the grievance could be redressed administratively, disposed of the petition at the admission stage, directing the petitioner to submit a fresh representation with a certified copy of the order within seven days. The respondent authority (District Inspector of Schools, Jaunpur) was ordered to decide the representation by a reasoned order within two months. Consequently, the writ petition was dismissed as no further judicial intervention was required.
Issues considered
- Whether the court should issue a mandamus directing payment of salary for the petitioner’s sanctioned medical leave.
- Whether the court should direct the respondents to consider the petitioner’s representation for selection grade.
Subjects
- mandamus
- salary
- medical leave
- representation
- selection grade
- administrative law
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14459 of 2026
Chandrasen Dubey
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : P.K. Upadhyay
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri P.K. Upadhyay, learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
2. The present writ petition has been filed with the following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus directing to the
respondents to pay the salary of 12 days out of 16 days of sanctioned medical leave
between 28.03.2026 to 12.04.2026 to the petitioner within stipulated period fixed by
this Hon'ble Court.
II. Issue a writ, order or direction in the nature of mandamus directing to the
respondents to decide the representation dated 13.12.2025 for selection grade and
09.06.2026 for payment of medical leave submitted by the petitioner before
respondent no. 4."
3. The contention of the counsel for the petitioner is that, against the
sanctioned medical leave from 28.03.2026 to 12.04.2026, the salary has not
been disbursed, and further, his representation dated 13.12.2025 for selection
grade has also not been considered.
4. Learned Standing Counsel has no objection, in case the petitioner files a
detailed representation, the same shall be considered.
5. In view of the aforesaid, no fruitful purpose would be served in keeping
the present writ petition pending and on the consent of the parties the writ
petition is being decided at the admissions stage itself by providing that in
case the petitioner moves a fresh representation for redressal of his grievance
WRIA No. 14459 of 2026
2
along with the certified copy of this order within 7 days from today before
the respondent no.4-District Inspector of Schools, Jaunpur, the same shall be
considered and decided by the authority respondent no. 4 by passing a
reasoned and speaking order, expeditiously, preferably within the further
period of two months from the date of receiving of the said representation
before him.
6. With the aforesaid observations/directions, the writ petition stands
disposed off.
(Siddharth Nandan,J.)
September 11, 2026
piyush
Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad
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