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Allahabad High Court

RAJ KUMAR SINGHversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court disposed of the writ petition without adjudicating the merits, directing the petitioner to file a fresh representation and the respondent to decide it expeditiously.

Summary

Petitioner Raj Kumar Singh, a former Assistant Engineer (Civil) with U.P. Jal Nigam, filed a writ petition seeking a mandamus directing the respondents to release his gratuity, arrears of the 6th Pay Commission, daily allowances, and interest, and also to expedite a representation dated 22-08-2025 to the Managing Director. He alleged that despite multiple representations to the Chief Engineer, no decision had been taken. The respondents argued that the grievance should be addressed by the Chief Engineer and did not oppose a direction for an expeditious disposal of a fresh representation. The Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of the writ without addressing the merits. It granted the petitioner liberty to file a fresh representation before the Chief Engineer within three weeks, and directed the respondent to decide it within three months, provided no legal impediment exists. Consequently, the writ petition was dismissed and the matter was remanded to the administrative authority for resolution.

Issues considered

  • Whether the High Court can issue a mandamus directing the release of gratuity and arrears to the petitioner.
  • Whether the writ petition should be disposed with a direction to file a fresh representation before the Chief Engineer for adjudication.

Subjects

  • gratuity
  • mandamus
  • writ petition
  • representation
  • administrative remedy
  • U.P. Jal Nigam
  • civil service
  • arrears
  • 6th Pay Commission

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - A No. - 6717 of 2026

Raj Kumar Singh
                                                                       .....Petitioner(s)
                                          Versus
State Of U.P. And 5 Others
                                                                     .....Respondent(s)

Counsel for Petitioner(s)             :     Neeja Srivastava, Rajan Srivastava
Counsel for Respondent(s)             :     C.S.C., Sanjay Kumar Om, Suresh Singh

Court No. - 33
                        HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents and learned counsel for the respondents no.
2, 3, 4 and 6.

2. This writ petition has been filed, inter alia, seeking the following reliefs:

     " I. Issue a writ, order or direction in the nature of Mandamus
     commanding the respondents to release the Gratuity of the petitioner, as
     well as the arrears of the 6th pay commission, arrears of daily allowances
     and interest incurred on the above payments;

     II. Issue order or direction to decide representation dated 22-08-2025
     given to the Managing Director, respondent no. 2, marked as annexture
     no. 10 to this writ petition, as expeditiously as possible preferably within
     the stipulated time"

3. It is submitted that the petitioner has not been paid gratuity as well as
arrears of sixth pay commission to the post of Assistant Engineer (Civil)
U.P. Jal Nigam. It is further submitted that the petitioner has made several
representations before the Chief Engineer (A-2-1) U.P. Jal Nigam (Rural)
Lucknow, however, till date, no decision has been taken thereon.


4. Learned Standing Counsel representing the State respondents and learned
counsel for the remaining respondents have contended that the grievance of
the petitioner can be more appropriately redressed by the Chief Engineer
(respondent no.4) and they have no objection if a direction is issued for
expeditious disposal of the fresh representation, to be moved by the present
petitioner, within such stipulated period, as may be directed by this Court.
                                                                                              WRIA No. 6717 of 2026
                                                                     2


                                    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, with liberty to the present petitioner to move a
                                    fresh representation before the Chief Engineer (respondent no.4) 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 three
                                    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 6, 2026
                                    vkg
                                                                                                 (Dinesh Pathak,J.)




Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad


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