Allahabad High Court
ALOK KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The Court ordered the respondent to decide the petitioner's application within two months and disposed of the writ petition.
Summary
The petitioner Alok Kumar filed a writ petition seeking a mandamus directing the Chief Engineer of Harduaganj Thermal Power Station to decide his application for earned leave dated 15 July 2025. The petitioner alleged that the application had not been acted upon, causing undue delay. The respondents contended that the application would be decided in a time‑bound manner. The Court examined whether a writ of mandamus could be issued to compel the administrative authority to act within a specified period. Finding that the petitioner’s right to a timely decision was being infringed, the Court directed the respondent to decide the application within two months of receiving a certified copy of the order. Accordingly, the writ petition was disposed of.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing the respondent to decide the earned‑leave application within a stipulated period
Subjects
- writ of mandamus
- earned leave
- administrative delay
- public service
- court direction
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 3726 of 2026
Alok Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Byas Kumar Prasad, Pradeep Kumar
Keshri, Ramanand
Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Tanisha
Jahangir Monir
Court No. - 34
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner, Sri Abhishek Srivastava, learned
counsel for respondent no.2, Sri Himanshu Kumar, Advocate holding brief
of Ms. Tanisha Jahangir Monir, learned counsel for respondent no.3 and
learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"I. Issue a writ order or direction in the nature of mandamus directing the respondent
no.3- Chief Engineer, Harduaganj, Thermal Power Station, Post Office Kasimpur,
District Aligarh to decide the application dated 15.07.2025 of the petitioner
(Annexure No.1 to the writ petition), within stipulated period as may be fixed by this
Hon'ble Court.
II. Issue a writ order or direction in the nature of mandamus directing the respondents
to consider the application of the petitioner and grant Earned Leave w.e.f. 15.03.2023
to 21.03.2023, so that justice be done."
3. It is submitted by learned counsel for the petitioner that the petitioner has
filed an application dated 15.7.2025 before the respondent no.3, however till
date, the aforesaid application of the petitioner has not been decided by the
concerned authority.
4. Learned counsel for respondents submits that application of the petitioner
would be decided in a time bound manner.
5. Considering the facts and circumstances of the case, it is hereby provided
that the respondent no.3 shall decide the application dated 15.7.2025 filed by
WRIA No. 3726 of 2026
2
the petitioner in accordance with law, preferably within a period of two
months from the date of production of a certified copy of the order.
6. With the aforesaid observation/direction, the writ petition stands disposed
of.
March 19, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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