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Allahabad High Court

MOHD. SALEEM KHANversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court disposed of the writ petition, directing the respondent to decide the petitioner’s representation within twelve weeks.

Summary

Petitioner Mohd. Saleem Khan filed a writ petition seeking a mandamus directing Respondent No.3 to grant him a Grade Pay of Rs.4600 (Level‑7) and the annual promotional pay scale, alleging that his seniority was ignored in favor of juniors. He also requested that Respondent No.3 decide his pending claim based on representations filed. The Standing Counsel for the respondents argued that the petitioner had already approached Respondent No.3 and that the writ petition served no useful purpose. The Court, after considering the submission, disposed of the petition, directing Respondent No.3 to consider and decide the petitioner’s representation expeditiously, preferably within twelve weeks, subject to service of notice and hearing. No substantive merits of the claim were adjudicated; the order merely set a procedural direction.

Issues considered

  • Whether a writ of mandamus is appropriate to compel the grant of Grade Pay and promotional pay to the petitioner.
  • Whether the writ petition is maintainable given that the petitioner has already approached the concerned authority.

Subjects

  • writ petition
  • mandamus
  • grade pay
  • seniority
  • service matters
  • administrative law

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                   WRIT - A No. - 15779 of 2026

                                    Mohd. Saleem Khan
                                                                                                                          .....Petitioner(s)
                                                                                    Versus
                                    State Of U.P. And 5 Others
                                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                                :     Ashutosh Kumar Pandey
                                    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 :-

                                          "Issue a suitable writ, order or direction in the nature of manadamus directing the
                                          respondent no.3 to grant the petitioner the Grade Pay of Rs.4600/- (level-7) from the
                                          entitlement date as his juniors at seniority list nos.50, 63, 65 and 66 have been all extended
                                          ignoring his seniority at serial no.49 (inspite of he being eligible) along with the
                                          annual promotional pay scale from 01.07.2024 also in view of the letter dated 19.08.2025
                                          of respondent no.6 (Annexure No.6 at Page No. 24 to the writ petition);.


                                          Issue a suitable writ, order or direction in the nature of manadamus directing the
                                          respondent no.3 to decide the claim of the petitioner in view of the representations moved
                                          by him all marked as Annexure No.7 to the writ petition;".


                                    2. Learned Standing Counsel has submitted that since the petitioner has
                                    already approached respondent no.3, 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.3 to consider and decide the 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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