Allahabad High Court

BRIJ KISHOR KUSHWAHAversusSTATE OF U.P. AND ANOTHER

Decided: 23 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The writ petition is disposed of, directing the respondent authority to decide the pending representation within twelve weeks.

Summary

Petitioner Brij Kishor Kushwaha filed a writ petition seeking post‑retiral benefits, having already submitted a representation to the respondent authority. The respondent’s standing counsel argued that the pending representation rendered the writ petition unnecessary. The Court agreed, noting that maintaining the petition would serve no useful purpose. Consequently, the petition was disposed of, with a directive that the respondent authority decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, after due notice and hearing. The order also required service of notice to all respondents and ensured no other legal impediment exists.

Issues considered

Whether a writ petition seeking post‑retiral benefits should be entertained when the petitioner has already filed a representation before the respondent authority

Subjects

post-retiral benefits
writ petition
representation
administrative law
jurisdiction
disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - A No. - 15344 of 2026

                                    Brij Kishor Kushwaha
                                                                                                         .....Petitioner(s)
                                                                         Versus
                                    State of U.P. and Another
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)                 :    Kapil Kumar Soni, Vinod Kumar
                                    Counsel for Respondent(s)                 :    C.S.C.

                                    Court No. - 33
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. By means of present writ petition, petitioner is claiming post retiral benefits.
                                    In this regard, petitioner has already moved a representation before
                                    respondent authority.

                                    2. Learned Standing Counsel has submitted that since the petitioner has
                                    already approached respondent authority, no useful purpose would be served
                                    in keeping this writ petition pending.

                                    3. In view of the above, this writ petition stands disposed of with a direction to
                                    respondent    authority   to   consider       and   decide   the   above-mentioned
                                    representation filed by the petitioner, in accordance with law, expeditiously,
                                    preferably within twelve weeks from the date of production of a certified copy
                                    of this order, after ensuring service of notice upon all the respondents and
                                    providing opportunity of hearing to all the concerned parties provided there is
                                    no other legal impediment.

                                    September 24, 2026
                                    Rishabh
                                                                                            (Manish Kumar Nigam,J.)




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

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