Allahabad High Court

SUSHIL KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The petitioner's pleadings were insufficient to justify the issuance of a writ of mandamus, and the petition must be refiled with complete facts and legal arguments.

Summary

Sushil Kumar filed a writ petition seeking regularisation and equal work equal pay, requesting a writ of mandamus against the State of Uttar Pradesh and two other respondents. The Court examined the petition and found that the pleadings did not substantively support the relief claimed, rendering the prayer untenable. Despite the deficiencies, the Court noted that the petitioner's learner counsel, Ms. Alfisha, was a new entrant to the profession and chose to overlook the procedural flaws. Consequently, the Court declined to grant the writ of mandamus and ordered the petition to be disposed. However, the Court observed that the petitioner may file a fresh representation containing all relevant facts and legal positions, after which the respondents would consider the grievance.

Issues considered

Whether the petitioner is entitled to regularisation and equal work equal pay under the applicable law
Whether a writ of mandamus can be issued to enforce such entitlement

Subjects

regularisation
equal pay
mandamus
writ petition
procedural deficiency

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 6148 of 2026

                                    Sushil Kumar
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Manoj Kumar Gautam
                                    Counsel for Respondent(s)                    :   C.S.C.

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

                                    1. Pleadings of this writ petition does not substantially support the prayer of
                                    petitioner regarding regularisation and equal work equal pay, therefore
                                    prayer to issue a writ of mandamus cannot be granted. However, still
                                    considering that Ms. Alfisha, learner counsel for the petitioner is a new
                                    entrant in the profession of law, therefore ignoring the aforesaid defects, this
                                    writ petition is disposed of with an observation that in case petitioner files a
                                    fresh representation mentioning all relevant facts as well as position on law,
                                    only then concerned respondent will consider the grievance of petitioner.

                                    2. This order is passed in presence of Sri D.K.Verma, learned Standing
                                    Counsel.



                                                                                 (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

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