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Allahabad High Court

RAJENDRA KUMAR DUBEY AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court disposed of the writ petition without adjudicating its merits, directing the petitioners to approach the Commissioner & Director of Industry U.P. with a fresh representation.

Summary

Petitioners Rajendra Kumar Dubey and another 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.18,33,799 and to decide their grievance promptly. The State respondents argued that the grievance should be addressed by the Commissioner and did not oppose a direction for expeditious disposal of a fresh representation. The Court observed that keeping the petition pending would serve no useful purpose and ordered the petitioners to file a fresh representation before the Commissioner within three weeks, attaching a certified copy of the order. The Commissioner was directed to decide the matter within three months, subject to no legal impediment. Consequently, the writ petition was disposed of without any merits being examined.

Issues considered

  • What is the appropriate forum for redressing the petitioners' grievance regarding interest on delayed pension arrears?
  • Whether the High Court should entertain a writ of mandamus directing payment of interest in the present circumstances?

Subjects

  • writ petition
  • mandamus
  • pension arrears
  • interest
  • administrative remedy
  • fresh representation
  • High Court disposal

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - A No. - 6766 of 2026

Rajendra Kumar Dubey And Another
                                                                     .....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 the interest of 7% on the late
     payment of arrears of pension of Rs.18,33,799 in favour of petitioners
     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
petitioners 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. 6766 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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