Allahabad High Court
SMT CHANDRAHASversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must make a fresh application before the Basic Shiksha Adhikari, who must decide it within a stipulated period, without expressing any opinion on the merits of the original claim.
Summary
Smt. Chandrahas filed a writ petition seeking a direction for the State of U.P. and two other respondents to pay her an ex-gratia amount with interest and to decide a representation she had made on 5 February 2026. The petitioner alleged that the decision on her representation was pending before Respondent No.2, the Basic Shiksha Adhikari, Bulandshahar. The respondents contended that any fresh application filed by the petitioner should be considered in accordance with law. The Court, without expressing any view on the merits, dismissed the writ petition and directed the petitioner to file a fresh application, supported by all relevant documents, within three weeks. It further ordered Respondent No.2 to decide the fresh representation within six weeks of receiving a certified copy of the order, through a reasoned order after giving a hearing.
Issues considered
- Whether the High Court can direct the respondent authority to decide a pending representation and award ex-gratia with interest through a writ petition.
- Whether the petitioner must file a fresh application before the competent authority for consideration of her grievances.
Subjects
- ex-gratia
- interest
- writ petition
- representation
- administrative law
- direction
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6682 of 2026
Smt Chandrahas
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Mohan Saggi
Counsel for Respondent(s) : C.S.C., Yatindra
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent, Mr. Yatindra, learned counsel for the respondent
nos.2&3 and perused the record.
The petitioner has preferred instant writ petition for a direction upon
respondents to pay the exgratia amount to the petitioner with interest as
well as further prayer to direct the respondent no.2 to decide the
representation of the petitioner dated 05.02.2026.
Learned counsel for the petitioner submits that grievance of the petitioner
regarding payment of ex-gratia amount to the petitioner with interest is
pending consideration before the respondent no.2. Therefore, a direction
may be issued to the Respondent No.2 to decide the representation within
a stipulated period.
Learned counsel for the respondents submits that in case petitioner moves
a fresh application/representation before the competent authority, the
same shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case but without
expressing any opinion on the merits of the case set up on behalf of the
petitioner, the present writ petition is disposed of by providing that the
petitioner may make fresh application/representation, ventilating all her
grievances, supported by such documents, as may be advised, before the
respondent no.2; Basic Shiksha Adhikari, Bulandshahar within three
weeks from today along with a certified copy of this order. On such
WRIA No. 6682 of 2026
2
representation being made, respondent no.2 shall make all endeavours to
consider and decide the same, strictly in accordance with law, by means
of a reasoned and speaking order, after giving proper opportunity of
hearing to the parties concerned, as expeditiously as possible, preferably
within a period of six weeks from the date of production of certified copy
of this order.
(Mrs. Manju Rani Chauhan,J.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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