Created by Fuzzy Cloud

Allahabad High Court

M.A. ZAIDIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court disposed of the writ petition without merits, directing the petitioner to file a fresh representation before the Commissioner for expeditious disposal.

Summary

Petitioner M.A. Zaidi filed a writ petition seeking a mandamus directing the Commissioner & Director of Industry U.P., Anubhag‑3 (A) Kanpur (respondent No.3) to pay 7% interest on delayed pension arrears of Rs.20,02,643 and to decide his grievance promptly. The petitioner alleged that his claim for interest on the delayed pension payment was pending despite repeated requests. The State respondents argued that the grievance should be addressed by the Commissioner and expressed no objection to a direction for expeditious disposal of a fresh representation. The Court held that keeping the petition pending would serve no useful purpose and disposed of it without addressing the merits, directing the petitioner to file a fresh representation before the Commissioner within three weeks and for the Commissioner to decide it within three months. The petition was therefore dismissed, with liberty to approach the appropriate authority again.

Issues considered

  • What is the appropriate forum for redressing the petitioner's grievance regarding interest on delayed pension?
  • Can the High Court issue a mandamus directing payment of interest on pension arrears?

Subjects

  • pension
  • interest
  • mandamus
  • writ petition
  • administrative law
  • fresh representation

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 6744 of 2026

M.A. Zaidi
                                                                   .....Petitioner(s)
                                      Versus
State Of U.P. And 2 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                             :     Angira Prasad
Counsel for Respondent(s)                             :     C.S.C.

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 reliefs:

     "(a). issue a writ or direction in the nature of mandamus commanding
     and directing the respondent no.3 to pay the interest of 7% on the late
     payment of arrears of pension of Rs.20,02643/-in favour of petitioner
     forthwith in accordance with law within stipulated period as directed by
     this Hon'ble Court.


     (b). issue a writ or direction in the nature of mandamus commanding and
     directing the respondent no.3 to take appropriate decision over the
     grievance of petitioners forthwith within stipulated period as directed by
     this Hon'ble Court."

3. Learned counsel for the petitioner submits that the claim of the present
petitioner for payment of the interest on delayed disbursement of pensionary
benefit is still pending consideration before respondent no.3, despite
repeated requests.

4. Learned Standing Counsel representing the State respondents no. 1 to 3
has contended that the grievance of the petitioner can be more appropriately
redressed by the Commissioner & Director of Industry U.P. Anubhag-3 (A)
Kanpur (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.
                                                                                              WRIA No. 6744 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 Commissioner & Director of Industry U.P.
                                    Anubhag-3 (A) Kanpur (respondent no.3) 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.