Created by Fuzzy Cloud

Allahabad High Court

RAMESH MISHRA AND 48 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided

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

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


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.