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Allahabad High Court

DIVAKAR ALIAS DIVAKAR YADAV AND 78 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed of without adjudicating the merits, with a direction to the respondent to decide the pending representations within twelve weeks.

Summary

The petitioners, a group of 79 employees, filed a writ petition seeking a mandamus directing the State to pay arrears of salary fixed after the first and second Assured Career Progression (ACP) and to decide pending representations regarding those arrears. The petition also requested the court to order the respondent to decide the applications within a specific timeframe. The State's standing counsel argued that the petition served no useful purpose and suggested that the respondent be directed to decide the pending applications within a reasonable period. The court, without expressing any view on the merits of the salary arrears claim, disposed of the petition and directed the respondent to decide the representations expeditiously, preferably within twelve weeks of the order, after giving an opportunity of hearing. The order thus provides a procedural direction rather than a substantive ruling on the payment of arrears.

Issues considered

  • Whether a writ of mandamus should be issued directing payment of arrears of salary fixed after the first and second Assured Career Progression.
  • Whether the court should direct the respondent to decide the pending representations/applications of the petitioners within a specified time frame.

Subjects

  • writ petition
  • mandamus
  • salary arrears
  • Assured Career Progression
  • service matters
  • administrative law
  • expeditious disposal

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 16101 of 2026

Divakar Alias Divakar Yadav And 78 Others
                                                                    .....Petitioner(s)
                                       Versus

State Of U.P. And 2 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                           :    Dharm Vir Singh
Counsel for Respondent(s)                           :    C.S.C.

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

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

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

     "To issue, a writ, order or direction in the nature of Mandamus directing
     the respondent no. 3 to pay to the petitioners arrears of salary fixed after
     first and second Assured Carrier Progression (ACP) / first and second
     financial upgradation during the pendency of this present writ petition
     before this Hon'ble Court.

     To issue, a writ, order or direction in the nature of Mandamus directing
     the respondent no. 3 to decide the representation of the petitioners
     pending before him."

3. Learned counsel for the petitioners submitted that the petitioners are
seeking arrears of salary fixed after first and second Assured Carrier
Progression (ACP). In this regard, the petitioner has moved a
representations/applications which are 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
the respondent no. 3 to decide the representations/applications of the
petitioners within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case, without expressing
                                                                                            WRIA No. 16101 of 2026
                                                                    2


                                    any opinion on the merits of the case, the present petition stands disposed of
                                    finally with a direction to respondent No. 3 to consider and decide the
                                    aforementioned representations/applications of the petitioners, 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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