Allahabad High Court
ARUN KUMAR PREMIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the respondent authority to decide the petitioner’s pending representation within twelve weeks, without adjudicating the merits of the promotion claim.
Summary
The petitioner, Arun Kumar Premi, filed a writ petition seeking mandatory orders for his promotion to Administrative Officer (due since 09-10-2019) and Senior Administrative Officer (due on 29-01-2026) along with all related service benefits. He also requested the court to direct the respondents to decide his pending representation dated 05-01-2023 within a stipulated period. The respondents argued that the petition should not be kept pending and that the representation should be decided promptly. The court, without expressing any view on the merits of the promotion claim, disposed of the petition by directing the respondent authority to decide the representation expeditiously, preferably within twelve weeks of the order, after giving a hearing. The order thus provides a procedural direction but does not grant the promotion relief sought.
Issues considered
- Whether the petitioner is entitled to the promotion and consequential service benefits claimed.
- Whether the court can issue a mandamus directing the respondent to decide the pending representation within a specific time frame.
Subjects
- promotion
- service benefits
- mandamus
- public service
- representation
- expeditious decision
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15310 of 2026
Arun Kumar Premi
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanendra Kumar Srivastava, Naveen
Kumar, Raj Kumar Gupta, Satish
Kumar Singh
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:
"i. issue a writ order or direction in the nature of Mandamus
commanding and directing the respondents to provide or confer upon the
petitioner the promotion on the post of Administrative Officer due since
09.10.2019 as well as to the post of senior administrative officer which
was due on 29.01.2026 alongwith all consequential service benefits,
including seniority, fixation of pay, and arrears of salary.
ii. issue a writ order or direction in the nature of Mandamus commanding
and directing the respondents to decide the representation of petitioner
dated 05.01.2023 within stipulated period from command of this Hon'ble
Court."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
his due promotions alongwith all consequential service benefits, including
seniority, fixation of pay, and arrears of salary. 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 authority to decide the representation/application of the
WRIA No. 15310 of 2026
2
petitioner within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent authority 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 24, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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