Allahabad High Court

NAND KISHOR SHARMAversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided: 23 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court declined to issue a mandamus on the merits and instead directed the respondent authority to decide the pending representation/application within twelve weeks.

Summary

The petitioner, a police personnel, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to consider his entitlement to financial/pay upgradation under Government Orders dated 05.11.2014 and 03.03.2015 after a full review of his service records. He also requested that the court take note of departmental orders in other districts where similar benefits had been granted. The petitioner had already moved a representation/application for the same relief, which was pending before the respondent authority. The State argued that the petition was unnecessary and that the respondent should be directed to decide the pending representation within a fixed period. The Court, without expressing any view on the merits, disposed of the writ petition and ordered the respondent authority to decide the representation/application expeditiously, preferably within twelve weeks, after giving a hearing, provided no other legal impediment exists.

Issues considered

Whether a writ of mandamus should be issued directing the respondent authority to determine the petitioner's entitlement to financial/pay upgradation under the specified Government Orders.
Whether the Court can prescribe a time‑frame for the respondent authority to decide the pending representation/application.

Subjects

writ of mandamus
financial upgradation
service matters
public servant
administrative law
representation
court direction

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 15486 of 2026

Nand Kishor Sharma
                                                                  .....Petitioner(s)
                                      Versus

State Of Uttar Pradesh And 4 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Shrikant Chaturvedi, Vijay Kumar
                                    Pandey
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:

     "a) issue a writ, order or direction in the nature of Mandamus
     commanding the respondents to consider and determine the entitlement of
     the petitioner to financial/pay upgradation under the Government Orders
     dated 05.11.2014 and 03.03.2015, after examining their complete service
     records;

     b) Issue a writ, order or direction commanding the respondents to take
     into consideration the departmental orders issued in Bareilly, Gorakhpur,
     Deoria and other districts, whereby the corresponding benefit under the
     aforesaid Government Orders has already been granted similarly situated
     police personnel."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
financial/pay upgradation under the Government Orders dated 05.11.2014
and 03.03.2015, after examining complete service records. 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
                                                                                             WRIA No. 15486 of 2026
                                                                    2


                                    the respondent authority to decide the representation/application of the
                                    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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