Allahabad High Court
NEMPAL SINGH AND ANOTHERversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is dismissed and the respondents are directed to decide the pending representation/application within twelve weeks.
Summary
The petitioners, Nempal Singh and another, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to consider and determine their entitlement to financial/pay upgradation under Government Orders dated 05‑11‑2014 and 03‑03‑2015, after examining their complete service records. They argued that similarly situated police personnel appointed later had received the benefit and that their own appointments as Sub‑Inspectors in 1992 and 1993 were being ignored. The respondents, represented by the Standing Counsel, contended that the petition was unnecessary and that the pending representation/application of the petitioners should simply be decided within a reasonable time. The Court, without expressing any view on the merits, disposed of the petition and ordered the respondent authority to decide the pending representation/application expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. The order thus dismisses the writ petition and imposes a time‑bound direction on the respondent.
Issues considered
- Whether the respondents should be compelled by mandamus to consider the petitioners' claim for financial/pay upgradation under the specified Government Orders.
- Whether the petitioners are entitled to the same financial/pay benefit as later appointed Sub‑Inspectors.
- Whether the Court should direct a time‑bound decision on the pending representation/application of the petitioners.
Subjects
- Writ of Mandamus
- Pay Upgradation
- Government Orders
- Service Entitlement
- Uttar Pradesh Police
- Administrative Law
- Time‑bound Direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14827 of 2026
Nempal Singh And Another
.....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 petitioners, learned Standing Counsel for
the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"a) issue a writ, order or direction in the Mandamus commanding the
respondents to consider and determine the entitlement of the petitioners
to financial/pay upgradation under the Government Orders dated
05.11.2014 and 03.03.2015, after examining their complete service
record;
b) Deoria Issue a writ, order or direction commanding the respondents to
take into consideration the departmental orders issued in Bareilly,
Gorakhpur, and other districts, whereby the corresponding benefit under
the aforesaid Government Orders has already been granted similarly
situated police personnel;
c) Issue a writ, order or direction commanding the respondents to
specifically examine the petitioners' claim in the light of the fact that the
petitioners were appointed as Sub-Inspectors on 01.04.1992 and
26.06.1993, whereas subsequently appointed Sub-Inspectors, including
those appointed in 2015 and 2016, have been extended the corresponding
financial/pay benefit."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
WRIA No. 14827 of 2026
2
financial/pay upgradation under the 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
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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