Allahabad High Court
BASU DEV SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is dismissed and the petitioner is directed to file a fresh representation before the Joint Director of Education (Secondary), Azamgarh.
Summary
The petitioner, Basu Dev Singh, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to pay interest on his General Provident Fund (GPF) amount, interest on Rashikaran, and his pending salary. He alleged that despite repeated requests, the interest on the delayed GPF payment had not been paid. The State, represented by standing counsel, argued that the grievance should be addressed by the Joint Director of Education (Secondary) in Azamgarh, and expressed no objection to a direction for the petitioner to file a fresh representation before that authority. The Court found that keeping the petition pending would serve no useful purpose and ordered the petitioner to approach the Joint Director within three weeks, attaching a certified copy of the order, and directed the authority to decide the matter within three months. No merits of the petition were examined, and the writ petition was disposed of without any observation on the substantive issues.
Issues considered
- What relief, if any, can the High Court grant in the form of a mandamus directing payment of interest on GPF and salary arrears?
- Whether the appropriate forum for redressing the petitioner’s grievance is the Joint Director of Education (Secondary), Azamgarh, rather than the High Court.
- Whether the petition should be dismissed without merits in view of the availability of an alternative administrative remedy.
Subjects
- writ petition
- mandamus
- GPF interest
- salary arrears
- administrative remedy
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5516 of 2026
Basu Dev Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anugya Dwivedi, Girja Shanker Mishra,
Pratiksha Rai
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner and Ms. Tanu Roopanwal,
learned Standing Counsel representing State-respondents and perused the
record on Board.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
" Issue a writ order or direction in nature of mandamus commanding and
directing the respondents to pay the 11 month and 3 days interest of
G.P.F. and interest of Rashikaran amount and rest salary amount to
petitioner within stipulated time as prescribed by this Hon'ble Court."
3. It is submitted that Interest on the delayed payment of the GPF amount
has not been paid to the petitioner despite repeated requests made on his
behalf.
4. Ms. Tanu Roopanwal, learned Standing Counsel appearing on behalf of
the State respondents, has contended that the grievance of the present
petitioner can be more appropriately redressed by the Joint Director of
Education (Secondary), Azamgarh Division, Azamgarh (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 petitioner, 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 petitioner to move a
fresh representation before the Joint Director of Education (Secondary),
WRIA No. 5516 of 2026
2
Azamgarh Division, Azamgarh (respondent no.2) to ventilate his 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
VINAY KUMAR GOSWAMI
High Court of Judicature at Allahabad
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