Allahabad High Court
SWADESH RANJANversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without adjudicating its merits, directing the petitioner to file a fresh representation and the respondent to decide it within a stipulated period.
Summary
Swadesh Ranjan filed a writ petition before the Allahabad High Court seeking mandamus directing the Additional Chief Secretary, Industrial Development Section‑4, Government of U.P. to grant him a notional promotion and related benefits from 2021‑2022, to decide a representation dated 09.12.2025, and to restrain the issuance of a fresh seniority list pending his grievance. The respondents contended that the petitioner should approach the Additional Chief Secretary directly and expressed no objection to a court‑ordered timeline for a fresh representation. The Court observed that keeping the matter pending would serve no useful purpose and ordered the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order and the petition. The respondent was directed to consider and decide the representation expeditiously, preferably within three months. No merits of the petition were addressed, and the writ petition was finally disposed of.
Issues considered
- The appropriateness of issuing a writ of mandamus directing promotion and benefits to a government employee.
- The court's jurisdiction to restrain the issuance of a fresh seniority list pending the petitioner’s grievance.
- The procedural propriety of directing the petitioner to file a fresh representation before the administrative authority.
Subjects
- writ of mandamus
- notional promotion
- seniority list
- administrative law
- representation
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15868 of 2026
Swadesh Ranjan
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradip Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Syed Imtiyaz Ali
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. 2 that after considering the seniority list dated
18.03.20221 of the authority, petitioner may granted notional promotion
since the year 2021-2022.
II. Issue a writ, order or direction in the nature of mandamus directing
the respondents no.2 to grant adequate benefits since 2021-2022, which is
permissible under law.
III. Issue a writ, order or direction in the nature of mandamus directing
the respondents no.2 to decide the representation dated 09.12.2025 and
reminder dated 23.04.2026, send by petitioner regarding the matter,
forthwith preferable within two month in the interest of justice.
IV. Issue a writ, order or direction in the nature of mandamus directing
the respondents no.2, not to issue fresh seniority list before consideration
of the matter of the petitioner, in the interest of justice."
3. Learned counsel for the respondents have contended that the grievance
of the petitioner, as raised in the instant writ petition, can be more
appropriately redressed by the Additional Chief Secretary, Industrial
Development Section-4, Government of U.P., Lucknow (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.
WRIA No. 15868 of 2026
2
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,
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.2, 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 30, 2026
VR
(Dinesh Pathak,J.)
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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