Allahabad High Court
YATISH SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
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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