Allahabad High Court
BRIJESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court directed the petitioner to make a fresh representation and ordered the respondent to decide it within two months by a reasoned order.
Summary
The petitioner, Brijesh Kumar, filed a writ petition seeking a timely decision on his representation for a disability pension. The respondent, the State of U.P. and the Basic Education Officer, argued that a fresh representation could be filed and decided according to law. The Court, without delving into the merits, directed the petitioner to submit a fresh representation with all grievances and supporting documents within three weeks. It further ordered the respondent to consider and decide the representation by a reasoned order, granting a hearing, and to do so preferably within two months, provided no legal impediment exists. The petition was therefore disposed, with the Court emphasizing expeditious administrative action.
Issues considered
- Whether the petitioner is entitled to a decision on his disability pension representation within a stipulated period
- Whether the Court can direct the filing of a fresh representation and set a timeline for its adjudication
Subjects
- disability pension
- representation
- writ petition
- administrative law
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16141 of 2026
Brijesh Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Sapna Upadhyay
Counsel for Respondent(s) : C.S.C., Shresth Pratap Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mrs. Sapna Upadhyay, learned counsel for the petitioner, Mr. Shresth
Pratap Singh, learned counsel for the respondent-BSA and perused the record.
This writ petition has been filed with a prayer that the representation of the petitioner
with respect to disability pension may be decided within a stipulated period.
Learned counsel for the respondent - B.S.A. submits that in case a fresh representation
is given before the respondent no.2, the same shall be decided by an appropriate order
in accordance with law.
Considering the facts and circumstances of the case but without expressing any
opinion on the merits of the case set up on behalf of the petitioner, the present writ
petition is disposed of by providing that the petitioner may make fresh representation,
ventilating all his grievances, supported by such documents, as may be advised, before
the respondent no.2; Basic Education Officer, Block-Pahadi, District Mirzapur, within
three weeks from today along with a certified copy of this order. On such
representation being made, respondent no.2 shall make all endeavours to consider and
decide the same, strictly in accordance with law, by means of a reasoned and speaking
order, after giving proper opportunity of hearing to the parties concerned, as
expeditiously as possible, preferably within a period of two months from the date of
production of certified copy of this order, if there is no legal impediment.
October 1, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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