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Allahabad High Court

DHARAM RAJ PALversusUNION OF INDIA AND 6 OTHERS

Decided

Holding

The court declined to entertain the writ and directed the petitioner to file a fresh representation before the Assistant General Manager (CPF).

Summary

Petitioner Dharam Raj Pal filed a writ petition seeking a mandamus directing the Divisional Manager of the Food Corporation of India to deduct his contributory provident fund from his wages. The respondents argued that the grievance should be addressed by the Assistant General Manager (CPF) and raised no objection to a direction for the petitioner to approach that officer. The court held that keeping the petition pending would serve no useful purpose and disposed of the writ without addressing its merits. It directed the petitioner to file a fresh representation before the Assistant General Manager within three weeks, attaching a certified copy of the order and the petition. The Assistant General Manager was instructed to decide the matter expeditiously, preferably within three months, provided no legal impediment exists.

Issues considered

  • Whether the court can issue a mandamus directing the Divisional Manager, Food Corporation of India, to deduct the contributory provident fund from the petitioner's wages.
  • Whether the petitioner's grievance should be redressed by filing a fresh representation before the Assistant General Manager (CPF).

Subjects

  • Writ of Mandamus
  • Provident Fund
  • Administrative Law
  • Food Corporation of India
  • Fresh Representation
  • Labour Law

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - A No. - 15049 of 2026

Dharam Raj Pal
                                                                      .....Petitioner(s)
                                         Versus
Union Of India And 6 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)            :   Chandra Bhan Gupta
Counsel for Respondent(s)            :   A.S.G.I., Hari Narayan Singh, Jagdish Pathak

Court No. - 32
                         HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the petitioner; Sri Hari Narayan Singh, learned
counsel appearing for respondent nos. 5 to 7; and Sri Jagdish Pathak,
learned counsel appearing for respondent nos. 2 to 4.

2. This writ petition has been filed seeking the following reliefs:

     "i) Issue a writ, order or direction in the nature of MANDAMUS directing
     the respondent no. 5, Divisional Manager, Food Corporation of India to
     deduct the contributory provident fund from the wages of the petitioner;


     ii) Issue a writ, order or direction which this Hon'ble Court may deem fit
     and proper in the nature and circumstances of the case; and


     iii) Award the cost of the petition to the petitioner."

3. Learned counsel appearing for respondent nos. 2 to 7 have contended
that the grievance of the present petitioner, as raised in the instant writ
petition, can be more appropriately redressed by the Assistant General
Manager (CPF) (respondent no. 5), and that they have no objection if a
direction is issued for expeditious disposal of the fresh representation, to be
moved by the present petitioner, within such stipulated period, as may be
directed by this Court.

4. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without expressing any opinion
on the merits of the case, with liberty to the present petitioner to move a
fresh representation before the Assistant General Manager (CPF)
                                                                                             WRIA No. 15049 of 2026
                                                                     2


                                    (respondent no. 5), ventilating his grievances, as raised in this petition,
                                    within a period of three weeks from today, along with a certified copy of this
                                    order and a self attested copy of the instant writ petition, who, in turn, shall
                                    consider and decide the same in accordance with law expeditiously,
                                    preferably, within a period of three months from the date of production of
                                    the same, if there is no other legal impediment..

                                    5. With the aforesaid directions and observations, present writ petition
                                    stands disposed of.

                                    September 21, 2026
                                    vkg
                                                                                                 (Dinesh Pathak,J.)




Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad


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