Allahabad High Court
KRISHNA RAIversusUNION OF INDIA AND 5 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without adjudicating the merits, directing the petitioner to file a fresh representation before the Regional Provident Fund Commissioner.
Summary
Krishna Rai filed a writ petition seeking a mandamus directing the Regional Provident Fund Commissioner to pay a higher pension effective from 04-11-2022 and to specify any contribution amount. The respondents argued that the grievance should be addressed by the Commissioner and consented to a direction for the petitioner to file a fresh representation. The Court held that keeping the petition pending would serve no useful purpose and ordered the petitioner to approach the Commissioner within three weeks, attaching a certified copy of the order, and directed the Commissioner to decide the matter within three months. No merits of the pension claim were examined. The petition was therefore disposed of without any substantive ruling on the pension issue.
Issues considered
- What is the appropriate forum for redressing the petitioner's grievance regarding non‑payment of higher pension?
Subjects
- pension
- mandamus
- writ petition
- administrative remedy
- Regional Provident Fund Commissioner
- higher pension
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15406 of 2026
Krishna Rai
.....Petitioner(s)
Versus
Union Of India And 5 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 parties.
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. 4 to make the payment of higher pension w.e.f.
04.11.2022 and also to pay month to month pension;
ii) issue a writ, order or direction in the nature of MANDAMUS directing
the respondent no. 4 to specify the amount for payment of contribution, if
any, so that the same maybe deposited by the petitioner.
iii) Issue a writ, order or direction which this Hon'ble Court may deem fit
and proper in the nature and circumstances of the case"
3. Sri Jagdish Pathak, learned counsel appearing for respondent nos. 2 to 4
and Sri Hari Narayan Singh, learned counsel representing respondents no.5
and 6 have contended that the grievance of the present petitioner, regarding
non payment of higher pension can be more appropriately redressed by the
Regional Provident Fund Commissioner (respondent no.4) 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. Accordingly, 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 Regional Provident Fund Commissioner
WRIA No. 15406 of 2026
2
(respondent no.4) 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 30, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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