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Allahabad High Court

NEERAJ KUMAR NIRALAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The respondents must convey their acceptance of the option to work till 60 years within one week, otherwise the option is deemed never accepted.

Summary

The petitioner, Neeraj Kumar Nirala, filed a writ petition before the Allahabad High Court challenging a decision of the State of U.P. and four other respondents. The dispute centered on whether the respondents had accepted the petitioner’s option to continue working only until the age of 60 years. The Court, after hearing counsel for both sides, directed that the respondents must communicate their acceptance of this option to the petitioner within one week. If the respondents fail to provide such a decision within the stipulated time, the Court held that the option shall be deemed never accepted. The petition was consequently disposed of, with the Court’s observation serving as the operative order.

Issues considered

  • Whether the respondents have accepted the petitioner’s option to work only until the age of 60 years
  • Whether the failure to communicate acceptance within a week results in deeming the option unaccepted

Subjects

  • service law
  • age limit
  • writ petition
  • administrative decision
  • acceptance
  • high court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 4383 of 2026

                                    Neeraj Kumar Nirala
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Anand Prakash Srivastava, Bipin Lal
                                                                     Srivastava
                                    Counsel for Respondent(s)      : C.S.C., Siddharth Khare

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri A.P. Srivastava, learned counsel for petitioner and S/Sri
                                    Shishir Tandon and Md. Yaseen, learned counsel for respondents at
                                    length.

                                    2. At this stage, this writ petition is disposed of with an observation that
                                    in case concerned respondent has accepted the option to work only till 60
                                    years, its decision shall be provided to petitioner within a week so that
                                    petitioner may challenge the same, if so advised.

                                    3. In case it is not provided within a week from today, it may be deemed
                                    that option was never accepted.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    May 7, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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