Allahabad High Court
MOHD. ASIF KHAN (OFFICE ASSISTANT) AND 6 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The High Court declined to issue mandamus and disposed of the writ petition, directing the petitioners to approach the Director, Higher Education, for redress.
Summary
Petitioners, including an office assistant, filed a writ petition seeking a mandamus directing the respondent (Director, Higher Education) to pay the Second Assured Career Progression (ACP) grade pay of Rs. 4,200 after 16 years of service and to decide a representation dated 04-12-2025 within a stipulated time. The petitioners alleged that despite multiple representations, the grade pay had not been credited. The State, through its standing counsel, argued that the grievance should be addressed by the Director, Higher Education, and expressed no objection to a court‑directed timeline for disposal of a fresh representation. The Court observed that keeping the matter pending would serve no useful purpose and ordered the petitioners to file a fresh representation before the Director within three weeks, attaching a certified copy of the order, and directed the Director to decide it within three months. No merits of the claim were adjudicated, and the writ petition was disposed of without any substantive observation.
Issues considered
- What is the appropriate forum for redressing the petitioners' grievance regarding non‑payment of Second ACP grade pay?
- Whether the High Court should issue a mandamus directing the respondent to pay the grade pay and decide the representation within a stipulated period.
Subjects
- mandamus
- grade pay
- career progression
- writ petition
- administrative law
- higher education
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5062 of 2026
Mohd. Asif Khan (Office Assistant) And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioners and Sri Vinod Kumar Rai,
learned Standing Counsel representing the State respondents and perused the
record.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
" I. Issue a writ order or direction in the nature of mandamus
commanding and directing to the commanding and directing to the
respondent no.2 to pay the Second Assured Career Progression (ACP) of
Rs. 4200/- grade pay after completion of 16 years of service.
II. Issue a writ order or direction in the nature of mandamus commanding
and directing to the Respondent No.2 to decide the representation of the
petitioner dated 04.12.2025 within a stipulated period."
3. The grievance of the petitioners is that they have not been paid Grade Pay
as per the Second ACP, despite several representations made on their behalf.
4. Learned Standing Counsel representing the State respondents has
contended that the grievance of the petitioners can be more appropriately
redressed by the Director, Higher Education (respondent no.2) and he has no
objection if a direction is issued for expeditious disposal of the fresh
representation, to be moved by the present petitioners, within such stipulated
period, as may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending, therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the present petitioners to move a
WRIA No. 5062 of 2026
2
fresh representation before the Director, Higher Education (respondent
no.2) to ventilate their grievances, as raised in this petition, within a period
of three weeks from today, along with a certified copy of this order and a
self attested copy of the instant writ petition, who, in turn, shall consider and
decide the same in accordance with law expeditiously, preferably, within a
period of three months from the date of production of the same, if there is
no any other legal impediment.
6. With the aforesaid observation, present writ petition is disposed of.
April 20, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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