Allahabad High Court
GYANDHAR MISHRA AND 2 OTHERSversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without merits, directing the petitioners to approach the Regional Deputy Director (Administration/V.P.) for redress.
Summary
Petitioners Gyandhar Mishra and two others filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to pay gratuity by counting their service from their initial appointments in the Mandi Samiti up to retirement, along with arrears and interest. The respondents argued that the grievance should be addressed by the Regional Deputy Director (Administration/V.P.) of Mandi Parishad, Prayagraj, and raised no objection to a direction for filing a fresh representation before that authority. The Court found that keeping the petition pending would serve no useful purpose and therefore disposed of the writ petition without addressing its merits. It directed the petitioners to file a fresh representation before the Regional Deputy Director within three weeks, attaching a certified copy of the order and a self‑attested copy of the petition. The Regional Deputy Director was instructed to decide the matter expeditiously, preferably within three months, unless impeded by law. Consequently, the writ petition was dismissed and the matter was remitted to the appropriate administrative forum.
Issues considered
- Whether the High Court should entertain a writ petition for mandamus directing payment of gratuity and arrears, or whether the grievance must be redressed by the appropriate administrative authority.
Subjects
- gratuity
- mandamus
- writ petition
- service tenure
- administrative remedy
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14557 of 2026
Gyandhar Mishra And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shri Prakash Dwivedi
Counsel for Respondent(s) : Archit Mandhyan, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
"A. Issue a writ order or direction in the nature of mandamus
commanding and directing the respondent's authority to pay the gratuity
to the petitioners by including the services of the petitioners from the date
of their initial appointments in the Mandi Samiti till the date of their
retirement and also pay the arrear arising out of it with interest.
B. To pass such other and further orders, or direction of suitable nature,
which this Hon'ble court may deem fit and proper in the fact and
circumstances of the case.
C. An order awarding cost of this Petition to the Petitioners."
3. Sri Adarsh Bhushan, learned counsel appearing for respondent Nos. 2 to
7, submits that the grievance of the present petitioners regarding reckoning
his earlier services for the purposes of pension and additional gratuity, can
more appropriately be redressed by Regional Dy Director
(Administration/V.P.) Mandi Parishad, Prayagraj (respondent No. 5) and
that he has no objection if a direction is issued for expeditious disposal of the
fresh representation, to be moved by the present petitioner, within such
stipulated period, as may be directed by this Court.
5. 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 before the Regional Dy Director (Administration/V.P.)
WRIA No. 14557 of 2026
2
Mandi Parishad, Prayagraj (respondent No. 5) to ventilate 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, 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, if there is no other legal impediment.
6. With the aforesaid directions and observations, present writ petition
stands disposed of.
September 14, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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