Allahabad High Court

RAVI RANJAN KUMAR AND 12 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 22 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court disposed the petition, directing the respondent to consider and decide the petitioners' representations within twelve weeks, without granting a mandamus.

Summary

The petitioners, a group of junior assistants, filed a writ petition under Article 226 seeking a mandamus directing the second respondent to prepare a correct seniority list in accordance with a prior judgment dated 2 August 2019 (Service Single No.15692 of 2018) and to consider a series of representations filed by them in 2026. The standing counsel for the respondents argued that the petitioners had already approached the department through individual representations, rendering the writ unnecessary. The Court examined whether the writ was maintainable given the existence of those representations. It held that while the writ petition could not be dismissed outright, the appropriate relief was to direct the respondent to consider and decide the pending representations within a specified time‑frame. Consequently, the petition was disposed with a direction to the respondent to act on the representations within twelve weeks, after due notice and hearing. The order emphasizes the Court’s discretion under Article 226 to ensure administrative compliance without issuing a full mandamus.

Issues considered

Whether a writ of mandamus can be issued to compel the preparation of a seniority list when the petitioners have already filed individual representations.
Whether the writ petition is maintainable in view of the pending representations before the respondent.

Legislation cited

Constitution of India — s. Article 226

Subjects

Writ petition
Mandamus
Seniority list
Junior Assistant
Service law
Article 226
Administrative law

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                  WRIT - A No. - 14871 of 2026

                                    Ravi Ranjan Kumar And 12 Others
                                                                                                                   .....Petitioner(s)
                                                                                  Versus
                                    State Of U.P. And 3 Others
                                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Manish Tiwari, Saurabh Tripathi, Sr.
                                                                                  Advocate
                                    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 commanding the
                                          respondent no.2 to forthwith prepare correct seniority list of Junior Assistant as per
                                          the judgment and order dated 02.08.2019 passed in Service Single No.15692 of
                                          2018 by taking a conscious decision on the representations of the petitioners
                                          dated 07.07.2026, 06.07.2026, 28.04.2026, 20.04.2026, 08.04.2026, 09.07.2026,
                                          08.04.2026, 10.07.2026, 06.07.2026, & 15.05.2026 to be taken within stipulated
                                          period of time which may be fixed by this Hon'ble in exercise of extraordinary
                                          jurisdiction under Article 226 of the Constitution of India."


                                    2. Learned Standing Counsel has submitted that since the petitioners have
                                    already approached respondent no.2 by moving an individual 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 no.2 to consider and decide the above-mentioned representations
                                    filed by the petitioners, 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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