Allahabad High Court

DEVENDRA KUMAR YADAVversusSTATE OF U.P. AND 2 OTHERS

Decided: 22 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The writ petition is disposed of, with a direction to the respondent to decide the pending representation within twelve weeks.

Summary

Petitioner Devendra Kumar Yadav filed a writ petition seeking arrears of medical leave for 91 days covering 2 June 2015 to 31 August 2015. He had already submitted a representation to Respondent No.2 on 24 November 2025 regarding the same claim. The learned Standing Counsel argued that the petition was redundant since the representation was pending. The Court agreed, finding no useful purpose in keeping the writ petition alive, and therefore disposed of it. The Court directed Respondent No.2 to consider and decide the representation within twelve weeks of receiving a certified copy of the order, after serving notice and providing a hearing, unless any other legal impediment exists.

Issues considered

What is the appropriate course of action when a petitioner has already filed a representation with the concerned authority on the same relief sought through a writ petition?

Subjects

medical leave
arrears of leave
writ petition
administrative representation
expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                             WRIT - A No. - 14802 of 2026

                                    Devendra Kumar Yadav
                                                                                                     .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         :   Manish Kumar Pathak, Mukesh Kumar,
                                                                          Sunil Kumar Pandey
                                    Counsel for Respondent(s)         :   C.S.C.

                                    Court No. - 33
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. By means of present writ petition, petitioner is claiming arrears of medical
                                    leave of 91 days w.e.f. 2.6.2015 to 31.8.2015. In this regard, petitioner has
                                    already moved a representation before respondent no.2 on 24.11.2025.

                                    2. Learned Standing Counsel has submitted that since the petitioner has
                                    already approached respondent no.2, 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 no.2 to consider and decide the above-mentioned 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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