Allahabad High Court
DINESH KUMAR SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court disposed of the writ petition at the admission stage, permitting the petitioner to file a fresh representation and directing the Superintendent of Police to decide it within a stipulated time, without reaching the merits.
Summary
Petitioner Dinesh Kumar Singh filed a writ petition seeking a direction to the Superintendent of Police, Chandauli, to pass an order on his representation for payment of wages for the period 19-02-2026 to 28-02-2026, alleging illegal non‑payment on the ground of alleged non‑attendance. He relied on a letter assigning him duty and an attendance register. The Court, after hearing counsel, disposed of the petition at the admission stage, allowing the petitioner to file a fresh representation within two weeks and directing the Superintendent to decide it within three weeks. The Court expressly stated that it had not examined the merits and that the order should not be construed as a substantive ruling on the wage claim. Consequently, the writ petition was dismissed without prejudice to the petitioner’s right to approach the administrative authority again.
Issues considered
- What procedural step can the High Court take when a writ petition is admitted ex parte without hearing the respondents?
- Whether the Court can direct an administrative authority to consider a representation for wage payment without adjudicating the merits.
Subjects
- wages
- representation
- administrative authority
- writ petition
- admission stage
- ex parte
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6897 of 2026
Dinesh Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Shankar Sharma
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent-State.
2. The only prayer made by counsel for the petitioner is to direct the
Superintendent of Police, Chandauli/respondent no.3 to pass appropriate
orders on the representation submitted by the petitioner for payment of
wages for the period 19.02.2026 till 28.02.2026.
3. It is argued by learned counsel for the petitioner that aforesaid wages
has wholly illegally not paid to the petitioner on the ground that petitioner
was not present on his duty. In this regard petitioner placed reliance upon
a letter dated 07.03.2026 written by the Centre Incharge Shree Krishna
Inter College, Parasurampur, Chandauli where the petitioner was assigned
his duty in the aforesaid letter. It is stated that petitioner was not in duty in
his College between 19.02.2026 till 28.02.2026, copy of the attendance
register is also appended at page 16 of the paper book.
4. With the consent of learned counsel for the parties, the writ petition is
being disposed of at the admission stage itself.
5. In the facts and circumstances, petitioner is permitted to submit a fresh
representation ventilating all his grievances before the respondent no.3-
Superintendent of Police, Chandauli along-with certified copy of this
order annexing all the relevant papers and documents within a period of
two weeks from today. If such a representation is made, the respondent
no.3 is directed to pass appropriate order in accordance with law within a
WRIA No. 6897 of 2026
2
further period of three weeks.
6. With the aforesaid observations, present writ petition is disposed of
finally.
7. Since the writ petition has been decided on an exparte version without
seeking any response from the respondents, thus passing of the order
today may not be construed to an expression that this Court has gone into
the merits of the matter and the third respondent shall accord independent
consideration strictly in accordance with law and the mandate of law
holding the field.
(Prakash Padia,J.)
May 7, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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