Allahabad High Court
SMT. PRATIMA DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court declined to grant mandamus for regularisation and directed the respondent to decide the pending representations within twelve weeks.
Summary
The petitioners, Smt. Pratima Devi and another, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to regularize their appointment as Staff Nurses and to compel the Chief Medical Officer of District Chandauli to decide their pending representations within a fixed period. The petitioners argued that their applications for regularisation were pending and required judicial intervention. The State's standing counsel contended that the petition served no useful purpose and that the matter could be resolved by directing the respondent to decide the applications within a timeframe set by the court. The court, without expressing any view on the merits of the regularisation claim, dismissed the petition for mandamus and instead issued a direction to the Chief Medical Officer to decide the pending representations expeditiously, preferably within twelve weeks of the order. The order was signed by Justice Manish Kumar Nigam on 18 September 2026.
Issues considered
- Whether the petitioners are entitled to a mandamus directing their regularisation as Staff Nurses.
- Whether the court can direct the Chief Medical Officer to decide the pending representations within a stipulated period.
Subjects
- regularisation of service
- mandamus
- public service appointment
- administrative law
- writ petition
- staff nurse
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14965 of 2026
Smt. Pratima Devi And Another
.....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 petitioners, 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
petitioners 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
Chandauli to decide the representation of petitioner no. 1 & 2 dated
27.07.2026 & 25-07-2026 within stipulated period as fixed by this
Hon'ble Court (which is annexure no. 13 to this writ petition)."
3. Learned counsel for the petitioners submitted that the petitioners are
seeking regularization of their services on the post of Staff Nurse. In this
regard, the petitioners have 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
petitioners within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
WRIA No. 14965 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 petitioners, 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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