Allahabad High Court
SUSHIL KUMAR SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is disposed of, directing the respondent to decide the pending representation within twelve weeks.
Summary
Petitioner Sushil Kumar Sharma, a Lab Assistant, filed a writ petition seeking mandamus directing the State of U.P. and others to pay his service and pension benefits based on a pay grade of Rs. 4,600 approved on 22 September 2014 after completing 10, 14 and 26 years of service. He also sought payment of arrears. The respondent authority had already been approached by the petitioner through a representation. The learned Standing Counsel argued that the pending representation rendered the writ petition unnecessary. The Court held that since the representation was pending, the writ petition served no useful purpose and therefore disposed of it, directing the respondent to decide the representation expeditiously within twelve weeks, after serving notice and providing a hearing. The order was signed by Justice Manish Kumar Nigam.
Issues considered
- What is the appropriate remedy when a petitioner has already filed a representation with the respondent authority seeking the same relief claimed in a writ petition?
Subjects
- service benefits
- pension
- mandamus
- writ petition
- representation
- administrative law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14788 of 2026
Sushil Kumar Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Harish Chandra, Vikash Kumar Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed seeking following relief :-
Issue a writ, order or direction in the nature of mandamus directing the respondents to pay
the benefits of service on the post of Lab Assistant treating the Pay Grade of Rs. 4,600/
approved on 22.09.2014 in view of the Government Order dated 05.09.2014 in respect of
sanctioning the benefits of services after completion of satisfactory services of 10 Years, 14
Years and 26 Years respectively on the post of Lab Assistants.
Issue a writ, order or direction in the nature of mandamus directing the respondent to
make of payment of pensionary benefits/service benefits keeping in view of pay grade of
Rs. 4,600/- approved on 22.09.2014 and also the arrears of payment of service
benefits/pension on the post of Lab Assistant to the petitioner.
Issue a writ, order or direction in the nature of mandamus directing the respondents to pay
the service benefits/pensionary benefits treating pay grade of Rs. 4,600/- to the petitioner
as and when it falls due.
2. Learned Standing Counsel has submitted that since the petitioner has already
approached respondent authority by moving a representation, no useful purpose would
be served in keeping this writ petition pending.
3. In view of the above, this writ petition stands disposed of with a direction to
respondent authority to consider and decide the representation filed by the petitioner,
in accordance with law, expeditiously, preferably within twelve weeks from the date
of production of a certified copy of this order, after ensuring service of notice upon all
the respondents and providing opportunity of hearing to all the concerned parties
provided there is no other legal impediment.
September 23, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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