Allahabad High Court
DINESH SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition, directing the Agra Municipal Corporation to decide the pending representation within five months, without adjudicating the substantive claims.
Summary
The petitioner, Dinesh Singh, filed a writ petition seeking mandamus for the calculation and release of his late father's retirement benefits, reconstruction of the father's service record, declaration of denial of promotion as arbitrary, compensation for mental agony, and expeditious disposal of a representation filed on 20.01.2026. The petition alleged that the respondents, including the State of U.P. and Agra Municipal Corporation, had failed to maintain service records despite RTI applications and had not acted on the representation. The respondents did not object to a direction for timely disposal of the representation. The Court, noting that no merit-based observation was necessary and that the matter could be resolved by the Agra Municipal Corporation, ordered the corporation to decide the pending representation within five months. Consequently, the writ petition was disposed of without addressing the substantive claims.
Issues considered
- Whether the respondents should be directed to calculate and release pending retirement benefits with interest.
- Whether the respondents must reconstruct the service record of the petitioner's father.
- Whether the denial of promotion to Zonal Sanitation Officer is arbitrary and discriminatory.
- Whether compensation for mental agony and hardship is warranted.
- Whether the pending representation dated 20.01.2026 must be decided within a stipulated time.
Subjects
- writ of mandamus
- retirement benefits
- service record reconstruction
- promotion denial
- administrative representation
- expeditious disposal
- public service law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6670 of 2026
Dinesh Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Apurva Singh, Deepak Dubey, Harsh
Kumar Mishra
Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla
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 following reliefs:
"a) Issue a writ, order or direction in the nature of mandamus directing
the Respondents to calculate and release the pending retiral benefits of
the Petitioner's father, who retired from service on 31.07.1999, along
with applicable interest for the delay in payment;
b) Direct the Respondents to trace and reconstruct the complete service
record of the Petitioner's father, particularly in light of the failure of the
concerned departments to maintain and produce the same despite
repeated RTI applications and appeals;
c) Declare the denial of promotion to the post of Zonal Sanitation Officer
as arbitrary and discriminatory, and consequently, direct the
Respondents to grant notional promotion with all consequential benefits
for the limited purpose of recalculating retiral dues;
d) Award appropriate compensation to the Petitioner for the mental
agony, harassment, and undue hardship caused to the family due to
prolonged non-payment of retiral dues and mismanagement of service
records;
e) Issue a writ, order or direction in the nature of mandamus directing the
Respondents to decide the representation dated 20.01.2026 (Annexure
No.16) to this Writ Petition within stipulated time as may be fixed by this
WRIA No. 6670 of 2026
2
Hon'ble Court."
3. Learned counsel for the petitioner submits that to ventilate his grievance,
the petitioner has moved a representation on 20.01.2026, which was received
in the office of the respondent No. 3. The said representation is still pending
consideration and no efforts are being made to get the same decided
expeditiously.
4. Learned counsel for the respondents has no objection, in case, a direction
is issued for expeditious disposal of the representation dated 20.01.2026
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 as raised in the present writ petition, with a
direction to the Agra Municipal Corporation (respondent No. 3), before
whom the aforementioned matter is pending disposal, to take appropriate
decision on the representation dated 20.01.2026 (Annexure No. 16) moved
by the petitioner in accordance with law expeditiously, preferably, within a
period of five months from the date of receipt of a certified copy of this
order as well as a self attested copy of instant writ petition.
6. With the aforesaid direction, present writ petition is disposed of.
May 5, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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