Allahabad High Court
OM PRAKASH RAMversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is disposed of without merits, with liberty to the petitioner to move a fresh representation before the Secretary, U.P. Power Corporation Ltd.
Summary
Om Prakash Ram filed a writ petition seeking mandamus directing the respondent, U.P. Power Corporation Ltd, to pay his gratuity, provisional pension and salary arrears with 12% interest, alleging illegal withholding due to a pending criminal case. The respondents argued that the grievance should be redressed by the Secretary of U.P. Power Corporation and raised no objection to a direction for the petitioner to file a fresh representation. The Court held that keeping the writ pending would serve no useful purpose and ordered the petitioner to move a fresh representation before the Secretary within three weeks, attaching a certified copy of the order. The Court further directed the authority to decide the representation expeditiously, preferably within three months, and disposed of the writ petition without expressing any opinion on the merits. The disposition underscores the requirement to exhaust administrative remedies before seeking judicial intervention.
Issues considered
- Whether the High Court can entertain a writ petition for mandamus directing payment of gratuity, pension and salary arrears when the grievance can be addressed by the administrative authority.
- Whether the petitioner must first approach the Secretary, U.P. Power Corporation Ltd, before seeking judicial relief.
Subjects
- writ petition
- mandamus
- gratuity
- pension
- salary arrears
- interest
- administrative remedy
- high court
- disposal
- fresh representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15091 of 2026
Om Prakash Ram
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Rai, Sandeep Kumar Srivastava
Counsel for Respondent(s) : Abhishek Srivastava, Adarsh Bhushan, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondent no.1; Sri Abhishek Srivastava, learned counsel
appearing for respondent nos. 2 to 4, and Sri Adarsh Bhushan, learned
counsel appearing for respondent no. 5.
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 2 to ensure the payment of the gratuity of the petitioner
with interest of 12%, which has illegally been been withheld on the
ground of the pendency of one criminal case.
II- Issue a Writ order or direction in the nature of mandamus directing
the respondent authority to pay the provisional pension/pension to the
petitioner, which has not been paid from July 2025 along with interest of
12%.
III- Issue a Writ order or direction in the nature of mandamus directing
the respondent no 2 to make the payment of the arrear of salary from the
date of 02.08.2022 to 27.01.2023, with interest of 12%, which is still not
paid to the petitioner.
IV- Issue any other and further suitable writ, order or direction, which
this Hon'ble Court may deem fit and proper under the facts and the
circumstances of the present case in favour of the petitioner."
3. Learned counsel appearing for the respondents have contended that
the grievance of the present petitioner regarding non-payment of gratuity,
retiral pensionary benefits, etc., can be more appropriately redressed by the
WRIA No. 15091 of 2026
2
Secretary, U.P. Power Corporation Limited (respondent no. 2), 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 Secretary, U.P. Power Corporation Limited
(respondent no. 2) ventilating his grievances, as raised in this writ 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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