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Allahabad High Court

YATISH SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was dismissed, with the petitioner directed to seek relief through a fresh representation before the Chairman/Managing Director, and the court made no finding on the merits.

Summary

The petitioner, Yatish Singh, filed a writ petition seeking mandamus directing the State of Uttar Pradesh and other respondents to grant him the third time pay scale, adjust his salary accordingly, and pay arrears for a period of suspension from 24 September 2005 to 12 October 2006 with interest. The respondents argued that such grievances should be addressed by the Chairman/Managing Director and consented to a direction for the petitioner to file a fresh representation before that authority. The Court found that keeping the writ pending would serve no useful purpose and therefore disposed of the petition without addressing the merits. The Court ordered the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order, and directed the Chairman/Managing Director to decide the matter within three months, provided no legal impediment exists. Consequently, the writ petition was dismissed and the matter was remitted to the appropriate administrative authority.

Issues considered

  • Whether the petitioner is entitled to the benefit of the third time pay scale and the arrears of salary for the period of suspension.
  • Whether the writ petition should be entertained on its merits or dismissed with a direction to approach the Chairman/Managing Director for relief.

Subjects

  • Mandamus
  • Service Law
  • Pay Scale
  • Writ Petition
  • Administrative Law
  • Suspension
  • Arrears of Salary

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 15729 of 2026

Yatish Singh
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 3 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)          : Ashish Kumar, Rahul Mishra
Counsel for Respondent(s)          : Abhishek Srivastava, C.S.C., Tanisha
                                     Jahangir Monir

Court No. - 32
                     HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the petitioner; Sri Abhishek Srivastava,
learned counsel appearing for respondent no. 2; Ms. Tanisha Jahangir
Monir, learned counsel appearing for respondent nos. 3 and 4; learned
Standing Counsel for the respondent no. 1.

2. This writ petition has been filed, inter alia, seeking the following
reliefs:

     "i. Issue, a writ, order or direction in the nature of Mandamus
     commanding/directing the respondents to consider and grant the 3rd
     Time Scale to the petitioner from the date of eligibility/entitlement i.e.
     18.03.2007;

     ii. Issue a writ, order or direction in the nature of Mandamus
     commanding/directing the respondents to re-fix the petitioners pay/salary
     after granting benefit of 3rd Time Scale/financial Upgradation and pay
     the same from the date of entitlement/eligibility and also pay all the
     consequential arrears, increments and other service benefits accrued
     there from with interest @ 12% per annum till the date of actual
     payment;

     iii. Issue a writ, order or direction in the nature of Mandamus
     commanding/directing the respondent authorities to make the payment of
     arrears of difference of salary of the period of suspension i.e. from
     24.09.2005 to 12.10.2006 with interest @ 12% per annum till the date of
                                                                                                      WRIA No. 15729 of 2026
                                                                          2


                                            actual payment;

                                            iv. Issue any other suitable writ, order or direction in favour of the
                                            petitioner as this Ho'ble Court may deem fit and proper in the
                                            circumstances of the case to meet the ends of justice;"

                                    3. Learned counsel for the respondents have contended that the grievance
                                    of the present petitioner regarding grant of the benefit of third time pay
                                    scale and its consequential benefits arising therefrom, as well as payment
                                    of salary for the period from 24.09.2005 to 12.10.2006, during which
                                    period he remained under suspension can more appropriately be redressed
                                    by the Chairman/Managing Director (respondent no. 2), 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 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 before the Chairman/Managing Director
                                    (respondent no. 2), 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.



                                                                                                       (Dinesh Pathak,J.)
                                    September 28, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad


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