Allahabad High Court

SHAMBHUversusSTATE OF U.P. AND 3 OTHERS

Decided: 10 September 2026
Bench: DINESH PATHAK

Holding

The Court declined to issue mandamus and disposed of the writ petition, directing the petitioner to file a fresh representation and the respondent to decide it expeditiously.

Summary

Shambhu filed a writ petition in the Allahabad High Court seeking a mandamus directing the Executive Officer of Nagar Panchayat, Chandauli to pay arrears of the 5th, 6th and 7th pay scales with interest to his father, and to consider his representation within a fixed period. The respondent officer argued that the grievance should be dealt with by the executive authority itself and expressed no objection to the court ordering a fresh representation. The Court examined the petition and found that keeping the matter pending would not serve any useful purpose. Consequently, the Court disposed of the petition without addressing its merits, directing the petitioner to file a fresh representation within three weeks and the respondent to decide it within three months. The order effectively dismissed the writ petition and left the substantive claim to be pursued through the appropriate administrative channel. The petition was therefore finally disposed of.

Issues considered

What is the appropriate forum for redressing the petitioner’s claim for arrears of pay?
Can the High Court issue a mandamus directing payment of arrears and consideration of a representation?

Subjects

writ petition
mandamus
arrears of pay
administrative law
representation
High Court
disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 14473 of 2026

Shambhu
                                                                    .....Petitioner(s)
                                       Versus

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

Counsel for Petitioner(s)          : Ajeet Kumar Shukla, Sarvesh Kant
                                     Shukla
Counsel for Respondent(s)          : C.S.C., Vivek Mishra

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

1. Heard learned counsel appearing on behalf of the petitioner; learned
Standing Counsel appearing on behalf of respondents no.1 to 3; Shri
Vivek Mishra, learned counsel appearing on behalf of respondent no.4
and perused the record on Board.

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

     "I. Issue a writ order or direction, in the nature of mandamus directing
     the respondent no.4 to pay the arrears 5th, 6th & 7th Pay Scale with
     interest to the father of the petitioner within stipulated period of time as
     fix by this Hon'ble Court.

     II. Issue a writ order or direction, in the nature of mandamus directing
     the respondents authority to consider the representation/application of
     the petitioner within stipulated period of time as fix by this Hon'ble
     Court."

3. Shri Vivek Mishra, learned counsel appearing on behalf of respondent
no.4 has contended that the grievance of the petitioner, as raised in the
instant writ petition, can be more appropriately redressed by the
Executive Officer, Nagar Panchayat, Chandauli (respondent no.4) 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.
                                                                                             WRIA No. 14473 of 2026
                                                                     2


                                    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
                                    order and a self attested copy of the instant writ petition before the
                                    respondent no.4, 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.

                                    September 11, 2026
                                    VR

                                                                                               (Dinesh Pathak,J.)




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

Continue reading with your account

Checking your session…