Allahabad High Court
YOGESHWAR CHAUDHARYversusSTATE OF UP AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered Respondent No. 2 to consider the petitioner's representation within twelve weeks and disposed the petition without examining the merits.
Summary
The petitioner, Yogeshwar Chaudhary, filed a writ petition seeking mandamus directing the respondents to calculate and release his admissible arrears from a financial upgradation order dated 19.10.2024, to pay salary for earned leave from 01.03.2025 to 23.03.2025, and to consider his representation dated 13.02.2026 with a reasoned order. The petition also requested that all consequential benefits be granted as per law. The learned Standing Counsel argued that the petition should not be kept pending and that the respondent should be directed to consider the grievance. The Court, after hearing, directed Respondent No. 2 to consider the representation and pass a reasoned order within twelve weeks, providing an opportunity of hearing to all parties. The Court expressly stated that it had not examined the merits of the substantive claims and disposed the petition accordingly.
Issues considered
- What relief, if any, can be granted by mandamus for the release of arrears and salary pending administrative action?
- Whether the High Court can direct the respondent to consider a representation and pass a reasoned order within a specified time without adjudicating the merits.
Subjects
- mandamus
- writ petition
- arrears
- salary
- earned leave
- representation
- administrative law
- procedural direction
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15921 of 2026
Yogeshwar Chaudhary
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Mishra, Saurav Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following reliefs:
"i. Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to forthwith calculate and release the
petitioner's admissible arrears arising out of the First ACP/financial
upgradation, granted pursuant to Financial Upgradation Sanction Order
dated 19.10.2024 and consequential letter dated 25.10.2024, along with
consequential benefits;
ii. Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to release the salary payable to the
petitioner for the sanctioned earned leave period from 01.03.2025 to
23.03.2025, in accordance with law and further direct the respondents to
provide all the consequential benefits to the petitioner as admissible
under law;
iii. Issue a writ, order or direction commanding the respondents to
consider the petitioner's representation dated 13.02.2026 by passing a
reasoned and speaking order within a time-bound period, and thereafter
release the amounts found admissible to the petitioner;"
2. Learned Standing Counsel has submitted that as petitioner has already
represented, no useful purpose would be served in keeping this petition
pending and it would be appropriate that respondent No. 2 be directed to
consider the grievance of the petitioner in accordance with law.
3. In view of these facts, respondent No. 2 is directed to consider and
WRIA No. 15921 of 2026
2
decide the representation dated 13.02.2026 of the petitioner in accordance
with law, after providing opportunity of hearing to all the concerned
parties, expeditiously, preferably within a period of twelve weeks from
the date of production of certified copy of this order.
4. It is made clear that this court has not examined the matter on merits
and the order shall be passed strictly in accordance with law.
5. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
September 30, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…