Allahabad High Court
SHANTANU KUMAR BISWAS AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition, directing the petitioners to move a fresh representation before the Commissioner & Director of Industry U.P., Anubhag‑3 (A) Kanpur, without deciding the merits.
Summary
Petitioners Shantanu Kumar Biswas and two others filed a writ petition seeking a mandamus directing the Commissioner & Director of Industry U.P., Anubhag‑3 (A) Kanpur to pay 7% interest on delayed pension arrears of Rs.19,79,152 and to decide their grievance promptly. The petitioners claimed that their request for interest on the delayed pension payment was pending before the respondent despite repeated requests. The State, represented by standing counsel, argued that the grievance could be more appropriately addressed by the Commissioner and had no objection to a direction for expeditious disposal of a fresh representation. The Court found that keeping the matter pending would serve no useful purpose and ordered the petitioners to file a fresh representation before the Commissioner within three weeks, and the Commissioner to decide it within three months, disposing of the writ petition without addressing its merits. The order was pronounced on May 6, 2026, by Justice Dinesh Pathak.
Issues considered
- What is the appropriate remedy for petitioners seeking interest on delayed pension arrears and a decision on their grievance?
- Whether the High Court should entertain a writ of mandamus directing the respondent to pay interest and decide the grievance, or direct the petitioners to approach the administrative authority afresh.
Subjects
- writ petition
- mandamus
- pension arrears
- interest
- administrative remedy
- fresh representation
- High Court of Allahabad
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6764 of 2026
Shantanu Kumar Biswas And 2 Others
.....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 petitioners, 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 interest of 7% on late payment
of arrears of pension of Rs.19,79152 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 petitioners 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 petitioners 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
petitioners, within such stipulated period, as may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
WRIA No. 6764 of 2026
2
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 petitioners to move a
fresh representation before the Commissioner & Director of Industry U.P.
Anubhag-3 (A) Kanpur (respondent no.3) to ventilate their 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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