Allahabad High Court
RAEES AHMADversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition, directing the petitioner to approach the Executive Officer for redress, without making any observation on the merits.
Summary
The petitioner, a government employee, was suspended from April 2014 to January 2019 and seeks payment of arrears, full salary after the suspension was lifted, applicable pay‑commission increments and other benefits. He filed a writ petition seeking mandamus directing the respondents to release the pending dues and to decide a representation dated 07.03.2026. The respondents contended that the grievance should be redressed by the Executive Officer rather than the court. The High Court held that the matter could be more appropriately dealt with by the Executive Officer and that keeping the petition pending would serve no useful purpose. Accordingly, the Court disposed of the writ petition without addressing the merits, directing the petitioner to file a fresh representation before the Executive Officer within three weeks and for it to be decided within three months. The order was signed on 30 September 2026.
Issues considered
- Whether the writ petition seeking mandamus for payment of salary arrears and other service benefits is maintainable before the High Court
- Whether the grievance should be redressed by the Executive Officer rather than by judicial intervention
Subjects
- mandamus
- salary arrears
- service benefits
- executive officer
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15951 of 2026
Raees Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Gupta
Counsel for Respondent(s) : C.S.C., Harsh Vardhan Gupta
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:
"i) Issue a writ, order or direction in the nature of Mandamus directing
the respondents to release all pending arrear/salary of petitioner for the
period of suspension i.e. since April 2014 to January 2019.
ii) Issue a writ, order or direction in the nature of Mandamus directing
the respondents to provide the full salary since February 2019 to till date
after revocation of suspension order and also pay the increments, 6th and
7th pay commission and other pecuniary benefits.
iii) Issue a writ, order or direction in the nature of Mandamus directing
the respondent no.2 and 3 to decide the representation of petitioner dated
07.03.2026 within stipulated time in accordance with law.
iv) Issue any other suitable writ, order or direction, as this Hon'ble Court
may deem fit and proper under the facts and circumstances of the case."
3. Sri Harsh Vardhan Gupta, learned counsel appearing for the respondent
No. 3 and learned Standing Counsel representing State-respondent No. 1 and
2 have contended that the grievance of the present petitioner with regard to
non-payment of arrears of salary and other service benefits can be more
appropriately redressed by the Executive Officer (respondent No. 2), 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.
WRIA No. 15951 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 petitioner to move a fresh
representation before the Executive Officer (respondent No. 2), 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
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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