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Allahabad High Court

KRISHNA MURARI PANDEYversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court disposed of the writ petition without addressing its merits, directing the petitioner to file a fresh representation and the respondent to decide it expeditiously.

Summary

Krishna Murari Pandey, a government employee, filed a writ petition seeking mandamus to grant him promotional pay‑scale benefits after completing 16/18 years of continuous service, relying on earlier Lucknow Bench judgments dated 11‑Nov‑2021 and 24‑Sep‑2025, and also to compel the Managing Director/Chairman to decide his representation dated 30‑Apr‑2025/17‑Sep‑2026. The respondents argued that the grievance should be addressed by the Managing Director/Chairman and did not oppose a direction for an expeditious decision on a fresh representation. The Allahabad High Court held that the petition could be disposed of without reaching the merits and directed the petitioner to file a fresh representation within three weeks, and the respondent to decide it within three months. Consequently, the writ petition was finally disposed of with liberty to approach the appropriate authority again.

Issues considered

  • Whether the petitioner is entitled to promotional pay‑scale benefits on completion of 16/18 years of continuous service as per the earlier judgments of the Lucknow Bench.
  • Whether the court should issue a mandamus directing the Managing Director/Chairman to decide the petitioner’s representation dated 30‑Apr‑2025/17‑Sep‑2026.
  • Whether the writ petition should be dismissed without adjudicating the merits and the petitioner directed to file a fresh representation.

Subjects

  • promotional pay scale
  • mandamus
  • government employee benefits
  • service tenure
  • representation
  • writ petition
  • administrative law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - A No. - 15846 of 2026

Krishna Murari Pandey
                                                                .....Petitioner(s)
                                     Versus

State Of U.P. And 2 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)                  :   Harish Kumar Tripathi
Counsel for Respondent(s)                  :   Alpana Dwivedi, C.S.C.

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:-

     "a. Issue a writ, order or direction in the nature of Mandamus
     commanding the Respondent No. 3 to grant the benefits of Promotional
     Pay scale on completion of 16/18 years continuous service to the
     Petitioner to extend for similar benefits of judgment and order dated
     11.11.2021 passed by this Hon'ble Court (Lucknow Bench) in Special
     Appeal (D) No. 376/2021 and other connected appeals and order dated
     24.09.2025 passed in Writ A No. 3853 of 2025 by Hon'ble Lucknow
     Bench of this Hon'ble Court within stipulated period which may be fixed
     by this Hon'ble Court.

     b. Issue a writ, order or direction in the nature of Mandamus
     commanding the Respondent No. 3 to decide the representation dated
     30.04.2025/reminder dated 17.09.2026 moved by the Petitioner in the
     light of judgement and order dated 11.11.2021 and 24.09.2025 passed in
     special appeal (D) No. 376/2021 and Writ 'A' No. 385/2025 by Hon’ble
     Lucknow Bench of this Hon’ble Court respectively."

3. Learned counsel appearing on behalf of the respondents have
contended that the grievance of the petitioner, as raised in the instant writ
petition, can be more appropriately redressed by the Managing
Director/Chairman (respondent no.3) 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
                                                                                             WRIA No. 15846 of 2026
                                                                     2


                                    keeping this matter pending. Accordingly, 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,
                                    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.3, 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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