Allahabad High Court
DINESH KUMAR KAUSHIKversusPRINCIPAL SECRETARY PANCHAYATI RAJYA AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is disposed of without adjudicating the merits, with the petitioner directed to move a fresh representation before the Executive Officer.
Summary
The petitioner, Dinesh Kumar Kaushik, filed a writ petition seeking a mandamus directing the respondents to issue his pension, gratuity and other retiral benefits and also to compel the Nagar Panchayat, Dasna, to decide his representation within a stipulated time. The State’s standing counsel argued that the grievance should be addressed by the Executive Officer and did not oppose a direction for a fresh representation. The Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of the petition without addressing the merits. It directed the petitioner to file a fresh representation before the Executive Officer within three weeks, attaching a certified copy of the order, and instructed the officer to decide it within three months. The petition was thus dismissed, with liberty to the petitioner to pursue his claim through the appropriate administrative channel.
Issues considered
- Whether the High Court can issue a mandamus directing the issuance of pension, gratuity and other retiral benefits to the petitioner.
- Whether the Court can direct the Nagar Panchayat to decide the petitioner’s representation within a specified time.
Subjects
- pension
- gratuity
- mandamus
- writ petition
- representation
- administrative law
- High Court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15910 of 2026
Dinesh Kumar Kaushik
.....Petitioner(s)
Versus
Principal Secretary Panchayati Rajya And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Narayan Singh, Tarun Kumar
Sharma
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents 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 directing
the respondents to issue pension, gratuity and other retiral benefits to the
petitioner within the time as prescribed by this Hon'ble Court.
(b) Issue a writ, order or direction in the nature of mandamus directing
the respondent No.2 Nagar Panchayat, Dasna, Ghaziabad through its
President to decide the representation dated 15.06.2026 within the time
stipulated by this Hon'ble Court."
3. Sri Yashvant Singh, learned Standing Counsel appearing for the State-
respondent No. 1 has contended that the grievance of the present petitioner
for release of pension, gratuity, etc., as raised in the instant writ petition can
be more appropriately redressed by the Executive Officer (respondent No.
3), and he has no objection, in case, a direction is issued for expeditious
disposal of a fresh representation to be moved by the 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 petitioner to move a fresh
representation before the Executive Officer (respondent No. 3), to ventilate
his grievance, as averred in the present writ petition, within a period of three
weeks from today, along with a certified copy of this order and a self
WRIA No. 15910 of 2026
2
attested copy of the present writ petition, and, in turn, he shall consider and
decide the same in accordance with law expeditiously, preferably, within a
period of three months from the date of production of such representation.
5. With the aforesaid observation, present writ petition is disposed of.
September 30, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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