Allahabad High Court
RAMESH MISHRA AND 48 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court directed the petitioners to file a fresh representation before the competent authority, which must decide the matter within eight weeks, and disposed of the petition.
Summary
The petitioners, a group of 49 employees including Ramesh Mishra, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State of Uttar Pradesh to grant them the revised grade pay of Rs. 4200 for IInd ACP and Rs. 4600 for IIIrd ACP as per a government order, along with arrears of the corrected pay. The Court observed that the relief sought required factual determination and therefore directed the petitioners to make a fresh representation before the competent authority. The authority was ordered to decide the representation within eight weeks and to issue a reasoned order. The Court’s directions were intended to ensure expeditious consideration of the claim. With these directions, the petition was finally disposed of.
Issues considered
- Whether the High Court can, under Article 226, direct the State authority to consider and award the revised grade pay to the petitioners
- Whether the petitioners must first approach the competent authority before seeking judicial intervention
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Article 226
- grade pay
- ACP
- government order
- mandamus
- public service
- administrative law
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6812 of 2026
Ramesh Mishra And 48 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mirza Faheem Beg
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for petitioners and learned State
Counsel appearing on behalf of the opposite parties.
2. Present petition under Article 226 of Constitution of India
has been filed seeking the following main relief:-
"I. Issue a writ order of direction in the nature of
Mandamus directing the respondent authorities to
consider the claim of the petitioners and provide the
benefits of IInd ACP as grade Pay Rs. 4200/- in
place of Rs.2800/- and IIIrd ACP as grade Pay
Rs.4600/- in place of Rs. 4200/- according to the
Government order to the petitioners, and further
provide arrears of the corrected grade pay to the
petitioners.
II. Issue any other writ, order or direction as this
Hon'ble Court may deem fit and proper in the
circumstances of the case to meet the ends of
justice."
3. Since considering petitioner's grievance would entail factual
aspects, liberty is granted to petitioners to file fresh
representation before competent authority. In case such a
representation is filed, the same is required to be decided by
WRIA No. 6812 of 2026
2
authority concerned expeditiously by a reasoned and speaking
order within a period of eight weeks from receipt of
representation of petitioners along with a certified copy of this
order.
4. With aforesaid direction(s), the petition stands finally
disposed of.
May 6, 2026
saqlain
(Prakash Padia,J.)
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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