Allahabad High Court

MAYA DEVI WIDOWversusSTATE OF U.P. AND 5 OTHERS

Decided: 30 September 2026
Bench: DINESH PATHAK

Holding

The Court disposed of the writ petition without merits, directing the petitioner to move a fresh representation within three weeks and the respondent to decide it expeditiously.

Summary

Maya Devi, a widow, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and related authorities to pay all post‑retirement dues of her deceased father‑in‑law, a Class IV employee of Nagar Palika Parishad Hathras, including gratuity, provident fund, earned leave and group insurance with interest. The respondents argued that the grievance should be addressed by the executive officer of the Nagar Palika Parishad and offered no objection to a fresh representation by the petitioner. The Court found that continuing the petition would serve no useful purpose and disposed of it without addressing the merits, directing the petitioner to file a fresh representation within three weeks and the respondent to decide it expeditiously, preferably within three months. The order thus disposes of the writ petition and leaves the substantive claim to be determined by the administrative authority.

Issues considered

What relief, if any, can be granted by the High Court in a writ petition seeking mandamus for payment of post‑retirement dues of a deceased employee?
Whether the petition should be dismissed in favour of a fresh representation before the appropriate executive authority.

Subjects

Writ petition
Mandamus
Post‑retirement dues
Gratuity
Provident Fund
Administrative law
Fresh representation
High Court of Allahabad

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 16113 of 2026

Maya Devi Widow
                                                                 .....Petitioner(s)
                                     Versus
State Of U.P. And 5 Others
                                                               .....Respondent(s)

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

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 to 4; Ms.
Akanksha Mishra & Shri Sanjay Kumar Dubey, learned Advocates, on
behalf of respondents no.5 & 6 and perused the record on Board.

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

     "a writ order or direction in the nature of Mandamus
     commanding/directing the respondents to make the payment of all post
     retiral dues of her deceased father in law Raggho such as Gratuity,
     Provident Fund, Earn Leave, Group Insurance, etc with interest form the
     date of accrual till the date of actual payment for the post of Safai
     Karamchari (Class IV employee of Nagar Palika Parishad Hathras
     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.6) 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
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,
                                                                                            WRIA No. 16113 of 2026
                                                                    2


                                    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.6, who, in turn, shall consider and decide the same in
                                    accordance with law, expeditiously, after hearing all the concerned parties
                                    and make payment of the amount admissible to the present petitioner,
                                    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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