Allahabad High Court

REKHA DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided: 30 September 2026
Bench: DINESH PATHAK

Holding

The Court held that the grievance is more appropriately redressed by the Executive Officer and dismissed the writ petition without merits, directing the petitioner to file a fresh representation.

Summary

Rekha Devi filed a writ petition seeking a mandamus directing the Executive Officer of Nagar Palika Parishad, Hathras to pay the pending dues of her deceased father, including earned leave, gratuity, dearness allowance, provident fund and bonus, and also to decide on various pending representations. The respondents argued that the grievance should be addressed by the Executive Officer and consented to a direction for a fresh representation. The High Court held that the matter could be more appropriately redressed by the concerned executive authority and therefore dismissed the writ petition without addressing its merits. The Court granted the petitioner liberty to file a fresh representation within three weeks, and directed the respondent to decide it within three months. Consequently, the writ petition was finally disposed of.

Issues considered

Whether the petitioner is entitled to a mandamus directing payment of the deceased father's dues.
Whether the High Court should entertain the writ petition or direct the petitioner to approach the executive authority with a fresh representation.

Subjects

writ petition
mandamus
payment of dues
government employee benefits
administrative law
fresh representation
disposal without merits

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 16109 of 2026

Rekha Devi
                                                                 .....Petitioner(s)
                                     Versus
State Of U.P. And 3 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Arvind Kumar Trivedi
Counsel for Respondent(s)         : Akanksha Mishra, C.S.C., Sanjay Kumar
                                    Dubey

Court No. - 32
                      HON'BLE DINESH PATHAK, J.

1. Heard learned counsel appearing on behalf of the petitioner; learned
Standing Counsel appearing on behalf of respondents no.1 & 2; Ms.
Akanksha Mishra & Shri Sanjay Kumar Dubey, learned Advocates, on
behalf of respondents no.3 & 4 and perused the record on Board.

2. This writ petition has been filed, inter alia, seeking the following reliefs:-

     "A) a writ order or direction in the nature of Mandamus
     Commanding/directing the respondent no 4 Executive Officer Nagar
     Palika Parishad, Hathras to make the payment of the dues of her
     deceased father Rajjo such as, amount of Earn leave, gratuity, Dearness
     Allowances Provident fund and Bonus within the stipulated period
     granted by this Hon'ble court.

     B) a writ order or direction in the nature of Mandamus commanding the
     respondents to take an appropriate decision upon the various
     representations of the petitioner pending before respondents 3 and 4
     within the stipulated period granted by this Hon'ble court."

3. Learned counsel appearing on behalf of the respondents have contended
that the grievance of the petitioner, as raised in the instant writ petition, can
be more appropriately redressed by the Executive Officer, Nagar Palika
Parishad, Hathras (respondent no.4) and that they have no objection if a
direction is issued for expeditious disposal of a fresh representation, to be
moved by the present petitioner, within such stipulated period, as may be
directed by this Court.

4. In this conspectus, as above, no useful purpose would be served by
                                                                                             WRIA No. 16109 of 2026
                                                                     2


                                    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 present petitioner to move a
                                    fresh representation with respect to his grievances, as raised in this petition,
                                    within a period of three weeks from today, along with a certified copy of this
                                    order and a self attested copy of the instant writ petition before the
                                    respondent no.4, who, in turn, shall consider and decide the same in
                                    accordance with law, expeditiously, after hearing all the concerned parties,
                                    preferably within a period of three months from the date of production of
                                    the same.

                                    5. With the aforesaid direction, instant writ petition stands finally disposed
                                    of.

                                    October 1, 2026
                                    VR
                                                                                               (Dinesh Pathak,J.)




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad

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