Allahabad High Court

ASHOK KUMARversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided: 22 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court disposed of the petition and directed the respondent authority to decide the pending representation/application within twelve weeks, without expressing any opinion on the merits.

Summary

The petitioner, Ashok Kumar, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to consider his entitlement to financial/pay upgradation under Government Orders dated 05.11.2014 and 03.03.2015 after a full review of his service record. He also asked that the respondents take into account similar departmental orders granting benefits to police personnel in other districts. The petitioner had already filed a representation/application for the upgradation, which was pending. The State's standing counsel argued that the petition was unnecessary and that the pending representation should simply be decided within a fixed time. The Court, without expressing any view on the merits, disposed of the petition and ordered the respondent authority to decide the representation/application expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing, provided no other legal impediment exists.

Issues considered

Whether the High Court should issue a writ of mandamus directing the respondent authority to decide the petitioner's pending representation for pay upgradation
Whether the petition is maintainable given the existence of a pending representation/application

Subjects

writ of mandamus
pay upgradation
government orders
service record
administrative law
pending representation

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 14815 of 2026

Ashok Kumar
                                                                  .....Petitioner(s)
                                      Versus

State Of Uttar Pradesh And 4 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Shrikant Chaturvedi, Vijay Kumar
                                    Pandey
Counsel for Respondent(s)         : C.S.C.

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

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "a) to issue a writ, order or direction in the nature of Mandamus
     commanding the respondents to consider and determine the entitlement of
     the petitioner financial/pay upgradation under Government Orders dated
     05.11.2014 and 03.03.2015, after examining their complete service
     records;

     b) Issue a writ, order or direction commanding the respondents to take
     into consideration the departmental orders issued in Bareilly, Gorakhpur,
     Deoria and other districts, whereby the corresponding benefit under the
     aforesaid Government Orders has already been granted similarly situated
     police personnel."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
financial/pay upgradation under Government Orders dated 05.11.2014 and
03.03.2015, after examining their complete service record. In this regard, the
petitioner has moved a representation/application which is pending
consideration.

4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
                                                                                             WRIA No. 14815 of 2026
                                                                    2


                                    the respondent authority to decide the representation/application of the
                                    petitioner within a time frame as fixed by this Court.

                                    5. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the case, the present petition stands disposed of
                                    finally with a direction to respondent authority to consider and decide the
                                    aforementioned representation/application of the petitioner, in accordance
                                    with law, expeditiously, preferably within a period of twelve weeks from the
                                    date of production of a certified copy of this order after giving opportunity
                                    of hearing to the parties concerned provided that there is no other legal
                                    impediment.



                                                                                      (Manish Kumar Nigam,J.)
                                    September 23, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad

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