Allahabad High Court

SHAILENDRA KUMAR SAXENAversusSTATE OF U.P. AND 2 OTHERS

Decided: 27 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The petition is disposed of with a direction to the respondent to consider and decide the petitioner's representation within twelve weeks.

Summary

Shailendra Kumar Saxena, a Senior Assistant, filed a writ petition seeking his promotion to Chief Assistant and a mandamus directing the Director (Administration), Medical and Health, Uttar Pradesh to consider his application dated 5 September 2026 within a stipulated period. The petitioner alleged that the respondents had not acted on his representation. The learned Standing Counsel argued that the petitioner had already approached the concerned authority, rendering the writ petition unnecessary. The Court observed that maintaining the petition would not serve any useful purpose. Consequently, the Court disposed of the petition, directing the respondent to consider and decide the representation within twelve weeks, after serving notice and providing a hearing. The order was issued on 28 September 2026 by Justice Manish Kumar Nigam.

Issues considered

What is the appropriate remedy when a petitioner seeks promotion and the concerned authority has already been approached?
Whether a writ of mandamus can be issued to compel the authority to consider the petitioner's application within a specific time frame.

Subjects

promotion
service law
writ of mandamus
administrative law
Uttar Pradesh
High Court
senior assistant
chief assistant

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - A No. - 15752 of 2026

                                    Shailendra Kumar Saxena
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 2 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Akhil Yadav, Krishna          Kumar     Singh,
                                                                           Narendra Kumar
                                    Counsel for Respondent(s)          :   C.S.C.

                                    Court No. - 33
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This writ petition has been filed seeking following relief :-

                                          "a writ, order or direction in the nature of commanding the respondents
                                          to promote the petitioner from Senior Assistant to Chief Assistant in
                                          accordance with the applicable government policy.


                                          Issue a writ, order or direction in the nature of mandamus directing the
                                          respondent No.2/Director (Administration), Medical and Health, Uttar
                                          Pradesh at Lucknow to consider the application of the petitioner dated
                                          05.09.2026 within stipulated period of time fixed by this Hon'ble Court."

                                    2. Learned Standing Counsel has submitted that since the petitioner has
                                    already approached respondent no.2, no useful purpose would be served in
                                    keeping this writ petition pending.

                                    3. In view of the above, this writ petition stands disposed of with a direction to
                                    respondent no.2 to consider and decide the above-mentioned representation
                                    filed by the petitioner, in accordance with law, expeditiously, preferably within
                                    twelve weeks from the date of production of a certified copy of this order,
                                    after ensuring service of notice upon all the respondents and providing
                                    opportunity of hearing to all the concerned parties provided there is no other
                                    legal impediment.

                                    September 28, 2026
                                    Rishabh
                                                                                           (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad

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