Allahabad High Court
DINESH KUMAR AND 24 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of, with the court directing the respondent authority to decide the pending representation/application within twelve weeks, without expressing any opinion on the merits.
Summary
Petitioners, a group of 25 government employees, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to grant them a Grade Pay of Rs. 4600 and revised pay scale benefits as per the 7th Pay Commission, including arrears and interest. They argued that their 16 years of qualifying service, including training, entitled them to these benefits and had filed a representation with the authorities that remained pending. The State’s standing counsel contended that the petition served no useful purpose and urged the court to direct the authorities to decide the pending representation within a fixed time. The court, without expressing any view on the merits, disposed of the petition and ordered the respondent authority to decide the representation/application expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. No substantive adjudication on the entitlement to Grade Pay or the 7th Pay Commission benefits was made.
Issues considered
- Whether the High Court should entertain a writ of mandamus directing the State to grant Grade Pay and revised pay scale benefits to the petitioners.
- Whether the court can direct the respondent authority to decide a pending representation/application within a specified time frame.
Subjects
- Mandamus
- Grade Pay
- 7th Pay Commission
- Public Service
- Writ Petition
- Administrative Law
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15313 of 2026
Dinesh Kumar And 24 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Quasim Khan, Shams Uz Zaman
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:
"(i) Issue a writ, order, or direction in the nature of Mandamus. directing
the respondent authorities to grant Grade Pay of Rs. 4600/-to all the
petitioners, calculating their 16 years qualifying service from the date of
joining including the training period, along with all arrears from the date
the same became due with interest @ 9% per annum.
(ii) Issue a writ, order, or direction in the nature of Mandamus directing
the respondent-authorities to grant revised pay scale benefits as per the
7th Pay Commission recommendations to all the petitioners with all
consequential financial benefits and arrears from the relevant dates."
3. Learned counsel for the petitioner submitted that the petitioners are
seeking Grade Pay of Rs. 4600/-, calculating their 16 years qualifying
service from the date of joining including the training period, along with all
arrears . 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 authority to decide the representation/application of the
petitioners within a time frame as fixed by this Court.
WRIA No. 15313 of 2026
2
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 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 24, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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