Allahabad High Court
SUNIL KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court held that the petitioner's grievance must be addressed by the appropriate executive authority and dismissed the writ, directing a fresh representation.
Summary
The petitioner, Sunil Kumar, filed a writ petition seeking payment of pension arrears dating from December 2016 to August 2020 under the fifth amendment to the 2016 Rules of the U.P. Nagar Panchayat Akendriyat Seva Nirvatti Labh. The respondents argued that the grievance should be dealt with by the Executive Officer of the Nagar Panchayat, District Mainpuri, and offered no objection to a direction for the petitioner to file a fresh representation. The High Court found that keeping the matter pending would serve no useful purpose and therefore disposed of the petition without addressing its merits. The Court directed the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order, and instructed the respondent to decide the matter within three months. Consequently, the writ petition was finally disposed of.
Issues considered
- What is the appropriate forum for redressing the petitioner's grievance regarding pension arrears?
- Can the High Court entertain the writ petition and order payment of arrears, or must the petitioner approach the executive authority?
Subjects
- writ petition
- pension arrears
- administrative law
- jurisdiction
- fresh representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15469 of 2026
Sunil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Pal, Yadvendra Singh
Counsel for Respondent(s) : C.S.C., Saurabh Tiwari
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on
Board.
2. This writ petition has been filed, inter alia, seeking the following
relief:-
"Issue a writ, order or direction directing and commanding the
respondent authorities to respondent authorities to pay the due
arrears of the differences revises pension since 16.12.2016 up to
26.08.2020 in pursuant the fifth amendment 2016 in third amended
of Rules of 2016 of U.P. Nagar panchayat Akendriyat Seva Nirvatti
Labh, Niyamawali 1992 as soon as possible, within stipulated
period of time, in the ends of justice."
3. Learned Standing Counsel appearing on behalf of respondents
no.1 to 4 and Shri Saurabh Tiwari, learned counsel appearing on
behalf of respondent no.5 have contended that the grievance of the
petitioner, as raised in the instant writ petition, can be more
appropriately redressed by the Executive Officer, Nagar
Panchayat, District Mainpuri (respondent no.5) and that they have
no objection if a direction is issued for expeditious disposal of a
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
WRIA No. 15469 of 2026
2
by keeping this matter pending; therefore, this Court deems it
appropriate to finally dispose of the present writ petition, without
making any observation on the merits of the case, with liberty to the
present petitioner to move a fresh representation with respect to 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 before the respondent no.5, 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.
5. With the aforesaid direction, instant writ petition stands finally
disposed of.
September 24, 2026
VR
(Dinesh Pathak,J.)
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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