Allahabad High Court
SURESH CHANDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The Court held that the writ petition should be disposed with directions for the Nagar Palika to determine the due amount and for the District Inspector to sanction payment, rather than granting immediate mandamus relief.
Summary
The petitioner, Suresh Chandra, filed a writ petition seeking a mandamus directing the State of U.P. and other respondents to release his retirement benefits, including pension and gratuity, and to decide a pending application dated 23.05.2026. The petitioner alleged that payments were due following a Supreme Court decision and a contempt application. The respondents argued that the Chairman of the Nagar Palika must first determine the amount due and forward it to the District Inspector of School for sanction. The Court, noting that the procedural steps required by the respondents were not yet completed, directed the Nagar Palika to determine the amount within ten days of any application by the petitioner and to forward the proposal to the District Inspector, who must then sanction the payment within two weeks, emphasizing adherence to natural justice. The Court disposed of the writ petition at the admissions stage with these directions.
Issues considered
- What relief, if any, is appropriate in a writ petition seeking mandamus for the release of retirement benefits?
- Whether the procedural steps involving the Nagar Palika and the District Inspector of School must be completed before the Court can grant the relief sought?
Subjects
- mandamus
- writ petition
- retirement benefits
- pension
- gratuity
- administrative law
- natural justice
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16160 of 2026
Suresh Chandra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shivanand Mishra, Vijay Shankar
Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri Shivanand Mishra, Advocate appearing on behalf of the
petitioner and learned Standing Counsel for the State-respondents.
2. In view of the proposed order to be passed in addition to respondent
nos. 3 and 4 dispenses.
3. The present writ petition has been filed with the following relief:-
"(A) Issue a writ, order or direction in the nature of mandamus commanding the
respondent authorities, to consider the grievances of the petitioner and to release
forthwith all the retiral benefits including Pension, Gratuity and other Funds in
favour of the petitioner.
(B) Issue a writ, order or direction in the nature of mandamus commanding the
respondent authorities, to decide the representation/application dated 23.05.2026,
which is pending consideration before them. (Annexure No.7).
(C) Issue a writ, order or direction which this Hon'ble Court may deem fit and proper
under the fact and circumstances of the case."
4. The counsel for the petitioner submits that certain payment was made
in pursuance of the decision of the Apex Court and the consequential
contempt application being filed.
5. The learned Standing Counsel submits that the Chairman of the Nagar
Palika has to take appropriate steps and determine the amount due and
payable to the worker; and it is thereafter that the role of District
WRIA No. 16160 of 2026
2
Inspector of School for the sanction of fund, comes into the picture; and
in case the petitioner approaches the Nagar Palika and a proposal is sent
to the respondent no. 2 i.e., the District Inspector of School, District-
Auraiya, suitable order shall be passed.
6. In view of the aforesaid, no fruitful purpose would be served in keeping
the present writ petition pending and on the consent of the parties the writ
petition is being decided at the admissions stage itself with a direction to
the respondent no. 3 Nagar Palika, that in case the petitioner moves an
appropriate application within 10 days before them, they shall determine
the amount which is due and payable to the petitioner and forward the
said document within a period of 10 days from the date of filing of the
said application, to the District Inspector of School, Auraiya; and further
on the receipt of the said proposal from the Chairman of Nagar Palika, the
respondent no. 2 shall proceed in accordance with law and provide the
sanction, as per law and strictly adherence to the principle of nature
justice within a period of two weeks from the date of receipt of the
proposal from the Chairman, Nagar Palika.
7. With the aforesaid observation/direction, the writ petition stands
disposed off.
(Siddharth Nandan,J.)
October 1, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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