Allahabad High Court
SURSENAPversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
A writ petition lacking essential factual details and supporting documents cannot be entertained, but the petitioner may be given an opportunity to file a fresh, complete representation.
Summary
The petitioner, Sursenap, filed a writ petition before the Allahabad High Court seeking payment of arrears of salary from the State of Uttar Pradesh and five other respondents. The petition was found to be deficient as it did not contain necessary details or supporting documents to substantiate the claim. The court noted that the petitioner’s counsel, Ms. Niharika Singh, is a recent entrant to the Bar and, despite the drafting shortcomings, allowed a chance to rectify the petition. The court ordered the petitioner to file a fresh representation with all required particulars and evidence within three weeks, failing which the claim would not be considered. If the fresh representation is filed, the respondents will consider the claim in accordance with law.
Issues considered
- Whether the writ petition is maintainable despite lacking essential details and supporting documents for a salary arrears claim
Subjects
- writ petition
- salary arrears
- procedural deficiency
- court discretion
- fresh representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6353 of 2026
Sursenap
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Maya Pati Pandey, Niharika Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Ms. Niharika Singh, learned counsel for petitioner and Sri
Santosh Kumar, learned Standing Counsel for State-Respondents.
2. In writ petition necessary details are not mentioned which could
support the prayer of petitioner for arrears of salary.
3. Still considering that Ms. Niharika Singh, Advocate has recently joined
Bar, therefore, ignoring the shortcomings in drafting, this writ petition is
disposed of that in case petitioner files a fresh representation mentioning
all necessary details alongwith supporting documents within three weeks
from today, only in such event concerned respondent will consider the
claim of petitioner in accordance with law.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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