Allahabad High Court
DEVENDRA KUMAR SHUKLAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is disposed of without merits, with liberty to the petitioner to move a fresh representation before the Milk Commissioner.
Summary
The petitioner, a retired Dairy Supervisor, filed a writ petition seeking a mandamus directing the respondents to release his gratuity of Rs. 20 lakhs, an increment after 19 years of service, and a promotional pay scale after 24 years, alleging that despite repeated representations these benefits were not paid. The petitioner claimed that the Milk Commissioner was the competent authority to consider his grievance. The respondents did not contest the petitioner's claims and expressed willingness to allow a fresh representation before the Milk Commissioner. The Court observed that keeping the matter pending would serve no useful purpose and chose to dispose of the petition without addressing its merits. It directed the petitioner to file a fresh representation within three weeks and the Milk Commissioner to decide it within five months, thereby disposing of the writ petition.
Issues considered
- Whether the High Court can issue a mandamus directing the release of retirement benefits in the absence of a pending representation before the competent authority
- Whether the petition should be disposed of without adjudicating the merits due to the availability of an administrative remedy
Subjects
- gratuity
- retirement benefits
- mandamus
- writ petition
- administrative remedy
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6623 of 2026
Devendra Kumar Shukla
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikram Bahadur Yadav
Counsel for Respondent(s) : C.S.C., Ganesh Datt Mishra
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents and perused the record on Board.
2. This writ petition has been filed, inter alia, seeking the following relief:
" (a) Issue, a writ, order or direction in the nature of mandamus directing
respondents to release the retiral benefits such as due amount of gratuity
of Rs. 20 lakhs as well as benefit of one increment after completing 19
years of service and second promotional pay scale after completing 24
years of service by revising pay scale forthwith to the petitioner along
with interest, as the petitioner retired from the post of Dairy Supervisor in
Aligarh Dugdh Utpadak Sahkari Sangh Ltd., Ramghat Road, Aligarh on
31.03.2025 within certain stipulated time as fixed by this Hon'ble Court."
3. It is submitted that the petitioner attained the age of superannuation on
31.03.2025, while serving on the post of Dairy Supervisor. However, he has
not been paid his gratuity and promotional pay scale, despite repeated
requests, and representations submitted, on his behalf. It is further submitted
that the Milk Commissioner (respondent no. 2) is the competent authority to
decide the grievance/representation of the present petitioner.
4. Learned Standing Counsel representing the State–respondent nos. 1 to 3,
and learned counsel representing respondent nos. 4 and 5 do not dispute the
submission advanced by learned counsel for the petitioner in this regard and
they have no objection if a direction is issued for expeditious disposal of a
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
WRIA No. 6623 of 2026
2
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 Milk Commissioner (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 five 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.
May 5, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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