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Allahabad High Court

RAKESH DIXITversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is disposed of without adjudicating the merits, and the respondent authority is directed to decide the petitioner’s pending representation/application within twelve weeks.

Summary

The petitioner, Rakesh Dixit, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and others to grant him service benefits and pensionary benefits on the post of Lab Assistant, based on a pay grade of Rs. 4,600 approved on 19 September 2014 and a Government Order dated 5 September 2014. He also sought payment of arrears. The petitioner had a pending representation/application regarding the same benefits. The respondent counsel argued that the petition was unnecessary and the pending representation should be decided by the authority. The Court, without expressing any view on the merits, disposed of the petition and ordered the respondent authority to decide the pending representation within twelve weeks, after giving a hearing, provided no other legal impediment exists. The order was signed by Justice Manish Kumar Nigam on 1 October 2026.

Issues considered

  • What is the appropriate remedy for the petitioner’s claim to service and pension benefits on the post of Lab Assistant?
  • Whether a writ of mandamus can be issued directing the respondent to grant the claimed benefits?
  • Whether the pending representation/application of the petitioner should be decided by the respondent authority within a specified time frame.

Subjects

  • service benefits
  • pension
  • mandamus
  • writ petition
  • government order
  • Lab Assistant
  • pay grade
  • administrative law

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 16048 of 2026

Rakesh Dixit
                                                                    .....Petitioner(s)
                                          Versus

State Of U.P. And 3 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)              : Harish Chandra, Vikash Kumar Tiwari
Counsel for Respondent(s)              : C.S.C.

Court No. - 33
                     HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "(A) Issue a writ, order or direction in the nature of mandamus directing
     the respondents to pay the benefits of service on the post of Lab Assistant
     treating the Pay Grade of Rs. 4,600/- approved on 19.09.2014 in view of
     the Government Order dated 05.09.2014 in respect of sanctioning the
     benefits of services after completion of satisfactory services of 10 Years,
     14 Years and 26 Years respectively on the post of Lab Assistants.

     (B) Issue a writ, order or direction in the nature of mandamus directing
     the respondent to make of payment of pensionary benefits/service benefits
     keeping in view of pay grade of Rs. 4,600/- approved on 19.09.2014 and
     also the arrears of payment of service benefit/pension on the post of Lab
     Assistant to the petitioner."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
benefits of service on the post of Lab Assistant treating the Pay Grade of Rs.
4,600/- approved on 19.09.2014 in view of the Government Order dated
05.09.2014       .    In   this      regard,   the   petitioner   has    moved      a
representation/application which is pending consideration.

4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
                                                                                             WRIA No. 16048 of 2026
                                                                    2


                                    the respondent authority to decide the representation/application of the
                                    petitioner within a time frame as fixed by this Court.

                                    5. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the case, the present petition stands disposed of
                                    finally with a direction to respondent authority. to consider and decide the
                                    aforementioned representation/application of the petitioner, in accordance
                                    with law, expeditiously, preferably within a period of twelve weeks from the
                                    date of production of a certified copy of this order after giving opportunity
                                    of hearing to the parties concerned provided that there is no other legal
                                    impediment.



                                                                                      (Manish Kumar Nigam,J.)
                                    October 1, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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