Allahabad High Court
RAJ KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The petition is disposed; the petitioner is directed to file a fresh representation, and no mandamus is issued.
Summary
Petitioner Raj Kumar filed a writ petition seeking mandamus for the grant of First and Second Assured Career Progression (ACP) after 10 and 18 years of service, correction of his grade pay to ₹2400 for 2015‑2025 and ₹2800 thereafter, and a direction to decide his representation dated 5‑Feb‑2026. The petitioner alleged that the representation remained pending. The respondents argued that a fresh representation could be decided in a time‑bound manner. The Court held that the petitioner must file a fresh representation before Respondent No.3 within a month, after which the matter would be considered and decided preferably within two months. Consequently, the writ petition was disposed without granting any of the reliefs sought.
Issues considered
- Whether the Court can issue mandamus directing the State to grant Assured Career Progression and fix grade pay as claimed by the petitioner
- Whether the Court can compel the respondents to decide the petitioner’s representation dated 5‑Feb‑2026 within a stipulated period
Subjects
- writ petition
- mandamus
- career progression
- grade pay
- representation
- service rules
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 3750 of 2026
Raj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Kumar Pathak
Counsel for Respondent(s) : C.S.C.
Court No. - 34
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State.
2. The writ petition is filed with the following prayer:
"a) to issue writ, order or direction in the nature of mandamus to grant the First
Assured Career Progression (ACP) upon completion of 10 years of service w.e.f.
January, 2018, and the Second ACP upon completion of 18 years of service w.e.f.
January, 2026, along with all consequential benefits.
b) Issue a writ, order or direction in the nature of Mandamus commanding the
respondents to fix the petitioner's pay in the correct Grade Pay of ₹2400 for the
promoted post of Operator Grade-I w.e.f. January 2015 to January 2025 and
pay entire arrears with appropriate interest;
c) Issue a writ, order or direction in the nature of Mandamus commanding the
respondents to fix the petitioner's pay in the correct Grade Pay of ₹2800 for the post
of Operator Grade I w.e.f. January 2025 onwards;
d) to issue writ, order or direction in the nature of mandamus directing the to decide
the representation of the petitioner dated 05.02.2026 within stipulated time period."
3. It is submitted by learned counsel for petitioner that the petitioner has
filed a representation dated 5.2.2026 before the respondents, however till
date, no order has been passed.
4. Learned Standing Counsel submits that in case the petitioner files a fresh
representation, the same would be decided in a time bound manner.
5. Considering the facts and circumstances of the case, it is hereby provided
WRIA No. 3750 of 2026
2
that petitioner shall file a fresh representation before the respondent no.3
along with a certified copy of this order within one month from today. In the
event any such representation is filed, the same would be considered and
decided by respondent no.3, in accordance with law, preferably within a
period of two months thereafter.
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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