Allahabad High Court
OM SHARAN PALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The court disposed of the petition without addressing the merits, directing the petitioner to file a fresh representation before the respondent authority.
Summary
The petitioner, Om Sharan Pal, filed a writ petition seeking mandamus directing the respondent authority to pay arrears of the 5th and 6th pay scales with interest and to consider his representation within a fixed period. The respondent argued that the grievance should be addressed by the Executive Officer of Nagar Panchayat, Chandauli, and consented to a court‑ordered timeline for a fresh representation. The High Court, finding no merit in continuing the petition, ordered the petitioner to file a fresh representation before the respondent within three weeks, attaching a certified copy of the order, and directed the respondent to decide it within three months. No substantive observation on the merits was made. The petition was thereby disposed of with liberty to approach the administrative authority afresh.
Issues considered
- Whether the High Court should entertain a writ petition seeking mandamus for payment of arrears of the 5th and 6th pay scales
- Whether the Court should direct the respondent authority to consider the petitioner's representation within a stipulated period
Subjects
- writ petition
- mandamus
- pay scale arrears
- administrative law
- representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15842 of 2026
Om Sharan Pal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajeet Kumar Shukla, Sarvesh Kant
Shukla
Counsel for Respondent(s) : C.S.C., Vivek Mishra
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on Board.
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 directing
the respondent no.4 to pay the arrear 5th & 6th Pay Scale with interest to
the petitioner within stipulated period of time as fix by this Hon'ble Court.
II. Issue a writ order or direction, in the nature of mandamus directing
the respondents authority to consider the representation/application of
the petitioner within stipulated period of time as fix by this Hon'ble
Court."
3. Shri Vivek Mishra, learned counsel appearing on behalf of respondent
nos.3 & 4 has contended that the grievance of the petitioner regarding
benefits of 5th & 6th pay-scale, as raised in the instant writ petition, can
be more appropriately redressed by the Executive Officer, Nagar
Panchayat, Chandauli (respondent no.4), and that he has 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 with respect to his grievances, as raised in this petition,
WRIA No. 15842 of 2026
2
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 before the
respondent no.4, 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.
5. With the aforesaid direction, instant writ petition stands finally
disposed of.
September 29, 2026
VR
(Dinesh Pathak,J.)
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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