Allahabad High Court

SANTOSH KUMAR PANDEYversusSTATE OF U.P. AND 2 OTHERS

Decided: 23 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court directed the respondent authority to decide the petitioner’s pending representation/application for promotional pay within twelve weeks, thereby disposing of the writ petition.

Summary

The petitioner, Santosh Kumar Pandey, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and two other respondents to grant him the third promotional pay scale/grade pay of Rs.4600 and the benefits and arrears of the 7th Pay Commission after completing 26 years of service. He relied on several government orders dated between 2011 and 2020 and claimed a pending representation/application before the respondent authority. The respondent’s standing counsel argued that the petition should not be kept pending and that the authority should be directed to decide the representation within a fixed period. 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. The order thus provides a procedural direction rather than adjudicating the substantive claim for promotional pay.

Issues considered

Whether the High Court can issue a mandamus directing the respondent authority to decide a pending representation/application for promotional pay within a specified time frame.

Subjects

writ petition
mandamus
promotional pay
7th Pay Commission
service benefits
administrative law
time-bound decision

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 15478 of 2026

Santosh Kumar Pandey
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 2 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                      :   Vinod Kumar Mishra
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:

     "Issue, a writ, order or direction, in the nature of Mandamus, directing
     the Respondents, to grant the third Promotional Pay Scale/Grade Pay of
     Rs.4600/- (Basic Pay Rs. 64,100/-) (after calculating the Training Period)
     on account of completion of 26 years of Services, and also to grant the
     Increments & Benefits of 7th Pay Commission (Revised Pay Scale) along
     with Arrears, in view of the Relevant Government Orders dated
     21/07/2011,    17/03/2012,     05/11/2014,    03/03/2015,     26/08/2015,
     22/12/2016, 23/12/2016, 18/07/2017 & 13/04/2020 with all consequential
     benefits."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
third promotional Pay Scale/Grade Pay of Rs.4600/- after calculating the
Training Period as well as benefits of 7th Pay Commission (Revised Pay
Scale) along with Arrears, in view of the Relevant Government Orders dated
21/07/2011, 17/03/2012, 05/11/2014, 03/03/2015, 26/08/2015, 22/12/2016,
23/12/2016, 18/07/2017 & 13/04/2020. 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. 15478 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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