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Allahabad High Court

SMT. KIRAN DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court ordered the respondent authority to decide the petitioner’s pending representation within twelve weeks, thereby disposing of the writ petition without adjudicating the regularization claim.

Summary

Petitioner Smt. Kiran Devi filed a writ petition seeking a mandamus directing the State authorities to regularize her appointment as a Staff Nurse and to compel the Chief Medical Officer of District Chitrakoot to decide her pending representation dated 25-07-2026 within a fixed period. The petitioner argued that her services remain irregular and that the pending representation must be acted upon. The State, through its Standing Counsel, contended that the petition was unnecessary and that the appropriate relief was to set a time‑frame for the CMO to decide the representation. The Court, without delving into the merits of the regularization claim, directed the CMO to decide the representation expeditiously, preferably within twelve weeks of the order, after giving a hearing. The order effectively disposes of the writ petition while ensuring procedural compliance by the respondent authority.

Issues considered

  • What relief, if any, can be granted by a writ of mandamus to compel regularization of a staff nurse's appointment?
  • Whether the Court should direct the Chief Medical Officer to decide a pending representation within a specified time‑frame.

Subjects

  • mandamus
  • writ petition
  • regularization
  • staff nurse
  • public service
  • administrative law
  • decision‑making time‑frame

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 14954 of 2026

Smt. Kiran Devi
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                       :     Anil Kumar Srivastava
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:

     "1. Issue a writ, order or direction in the nature of mandamus
     commanding the respondent authorities to regularize and appoint the
     petitioner on the regular post of Staff Nurse.

     II. Issue a writ, order or direction in the nature of mandamus
     commanding the respondent no. 4 as Chief Medical Officer, District
     Chitrakoot to decide the representation of petitioner dated 25-07-2026
     within stipulated period as fixed by this Hon'ble Court (which is annexure
     no. 9 to this writ petition)."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
regularization of her services on the post of Staff Nurse. 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 no. 4 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
                                                                                            WRIA No. 14954 of 2026
                                                                    2


                                    any opinion on the merits of the case, the present petition stands disposed of
                                    finally with a direction to respondent No. 4 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 18, 2026
                                    Ved Prakash




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

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