Allahabad High Court
PAWAN KUMAR GUPTAversusSTATE OF U.P. AND 12 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 Regional Manager.
Summary
The petitioner, Pawan Kumar Gupta, filed a writ petition seeking a mandamus directing the respondents to grant him notional seniority, promotion, and backdated benefits as per an official letter dated 19.05.2011. He alleged that his promotion as a booking clerk was delayed compared to his colleagues, requesting that his promotion be counted from 31.08.2021 instead of 03.02.2023. The respondents, namely the Managing Director and Regional Manager of the U.P. State Road Transport Corporation, contended that the grievance should be addressed by the Regional Manager and expressed no objection to the petitioner filing a fresh representation before that authority. The Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of the writ petition without addressing its merits. The Court directed the petitioner to file a fresh representation before the Regional Manager within three weeks, with the matter to be decided expeditiously within three months, and dismissed the present petition.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition seeking mandamus for notional seniority and promotion?
- Whether the petition should be dismissed and the petitioner directed to approach the appropriate administrative authority for redress.
Subjects
- writ petition
- mandamus
- seniority
- promotion
- administrative law
- procedural disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6718 of 2026
Pawan Kumar Gupta
.....Petitioner(s)
Versus
State Of U.P. And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dr. Rajesh Kumar Srivastav
Counsel for Respondent(s) : C.S.C., Sheo Ram Singh
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
" i. to issue a writ, order or direction in the nature of the mandamus and
commanding the respondent Nos. 2 & 3.
ii. to give the notional benefit of the seniority, promotion and to be count
the first initial joining according to the official letter - Patrank No. 09
CENT/ Ja. Su./11-06 Ja. Su./REO/11 dated 19.05.2011 issued by the
Head Office - Respondent No.3.
iii. to give the notional benefit and to be count the promotion from the
date 31.08.2021 on the post of the booking clerk as other junior and
colleagues were promoted on the same post in stead of 03.02.2023."
3. Learned counsel for the respondent nos. 2 (The Managing Director, U.P.
State Road Transport Corporation) and 3 (The Regional Manager, U.P. State
Road Transport Corporation) has contended that the grievance of the
petitioner can be more appropriately redressed by the respondent no.3 and he
has 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.
4. 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 respondent no. 3, to ventilate his grievances,
as raised in this petition, within a period of three weeks from today, along
WRIA No. 6718 of 2026
2
with a certified copy of this order and a self attested copy of the instant writ
petition, who, in turn, either himself or through a competent authority as
permissible under law, 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.
5. 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
Checking your session…