Allahabad High Court

DR. AWANISH KUMAR SINGHversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided: 30 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court disposed of the petition by directing the respondent authority to decide the pending representation within twelve weeks, without expressing a view on the merits.

Summary

The petitioner, Dr. Awanish Kumar Singh, filed a writ petition seeking a mandamus directing the State authorities to consider his representation dated 30 March 2026 for promotion in the PMHS Cadre and entitlement to First and Second Special Assured Career Progression benefits, based on his seniority from 12 December 2012. He argued that his service record and applicable service rules warranted promotion and related arrears. The respondents contended that the petition should be disposed and the representation decided within a fixed time frame. The Court, without delving into the merits, ordered the respondent authority to decide the pending representation expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. The petition was therefore disposed with a directive for prompt administrative action.

Issues considered

What is the appropriate judicial remedy when a government employee's representation for promotion remains pending?
Whether the court can issue a mandamus directing the respondent authority to decide the representation within a specified time.

Subjects

mandamus
promotion
service seniority
PMHS Cadre
SACP
writ petition
administrative law
government service rules

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 16054 of 2026

Dr. Awanish Kumar Singh
                                                                   .....Petitioner(s)
                                      Versus

State Of Uttar Pradesh And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                      :   Jaiprakash Narain Raj
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:

     "I. Issue a writ, order or direction in the nature of Mandamus
     commanding the competent respondent authority to consider and decide
     the petitioner's detailed representation dated 30.03.2026, in accordance
     with law, after taking into consideration the petitioner's duly determined
     cadre seniority with effect from 12.12.2012, his entire service record and
     the applicable Service Rules and Government Orders, by passing a
     reasoned and speaking order.

     II. Issue a writ, order or direction in the nature of Mandamus
     commanding the respondent authorities to consider and grant to the
     petitioner the benefit of promotion to the next higher level(s) in the PMHS
     Cadre and the First and Second Special Assured Career Progression
     (SACP) benefits, from the respective dates on which the petitioner became
     eligible, reckoning his qualifying service from 12.12.2012, together with
     all consequential benefits including pay fixation and arrears, in
     accordance with law and the applicable Government Orders."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
promotion to the next higher level(s) in the PMHS Cadre and the First and
Second Special Assured Career Progression (SACP) benefits. In this regard,
the petitioner has moved a representation/application which is pending
                                                                                             WRIA No. 16054 of 2026
                                                                    2


                                    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
                                    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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