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Allahabad High Court

RAJPAL SINGHversusSTATE OF UTTAR PRADESH AND 7 OTHERS

Decided

Holding

The Court held that the writ petition should be disposed without merits and the petitioner may file a fresh representation within three weeks, to be decided by the appropriate authority within three months.

Summary

The petitioner, Rajpal Singh, filed a writ petition seeking a direction for the authorities to decide his representation dated 27‑04‑2026 and to enforce an order dated 30‑01‑2024, alleging that he had not been appointed as Cadre Secretary despite reaching superannuation age while similarly situated employees were. The respondent authorities argued that no specific representation had been made under the earlier court order (Writ‑A No.1440 of 2026) and suggested that the grievance be addressed by the Member Secretary, District Administrative Committee‑cum‑Assistant Commissioner. The Court, finding no merit in continuing the present petition, ordered the petitioner to file a fresh representation within three weeks and directed the respondent to decide it within three months, disposing of the writ without addressing the substantive issues. The order was signed by Justice Dinesh Pathak on 18 May 2026.

Issues considered

  • Whether the petitioner is entitled to be appointed as Cadre Secretary despite having attained the age of superannuation.
  • Whether the Court can direct the concerned authorities to decide the petitioner’s representation dated 27‑04‑2026.
  • Whether the Court can enforce the order dated 30‑01‑2024 issued to the Secretary/Chief Programming Officer, District Sahkari Bank Limited.

Subjects

  • appointment
  • cadre secretary
  • representation
  • writ petition
  • administrative law
  • service matters
  • superannuation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - A No. - 7458 of 2026

Rajpal Singh
                                                                    .....Petitioner(s)
                                       Versus

State Of Uttar Pradesh And 7 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                                 :     Sonu Malik
Counsel for Respondent(s)                                 :     C.S.C.

Court No. - 33
                      HON'BLE DINESH PATHAK, J.

1. At the outset, learned counsel for the petitioner prays for and is
permitted to implead the Member Secretary, District Administrative
Committee-cum-Assistant Commissioner and Assistant Registrar
(Cooperative), Bijnor in the cause title of the instant writ petition as
respondent no.9, during the course of the day. Office is directed to
proceed accordingly.

2. Heard learned counsel for the petitioner; learned Standing Counsel
representing State-respondents and Shri Mahesh Narayan Mishra, learned
counsel for respondent no.9.

3. Instant writ petition has been filed, inter alia, seeking the following
relief:-

     "(i) Issue a writ order or direction in the nature of direct the authorities
     concern to decide the representation dated 27.04.2026 of the petitioner.

     (ii) Issue a writ order or direction in the nature of direct the authorities
     concern the order dated 30.01.2024 passed by to compliance
     Secretary/Chief Programming Officer, District Sahkari Bank Limited,
     Bijnor, so that justice may be done, otherwise petitioner shall suffer an
     irreparable loss and injury."

4. Grievance of the petitioner is that he has not been absorbed on the post
of Cadre Secretary, even after attaining the age of superannuation
whereas similarly situated employees have been adjusted in the service.

5. Learned counsel for the respondent no.9 has contended that no
particular representation has been made for considering his re-
                                                                                             WRIA No. 7458 of 2026
                                                                    2


                                    employment on the post of Cadre Secretary, in pursuance of the order
                                    dated 02.04. 2026 passed by this Court in Writ-A No.1440 of 2026. He
                                    has further contended that the grievance of the petitioner can be more
                                    appropriately redressed by the Member Secretary, District Administrative
                                    Committee-cum-Assistant Commissioner and Assistant Registrar
                                    (Cooperative), Bijnor (respondent no.9) and he has no objection if a
                                    direction is issued for expeditious disposal of a fresh representation, to be
                                    moved by the present petitioner, within such stipulated period, as may be
                                    directed by this Court.

                                    6. In this conspectus, as above, no useful purpose would be served by
                                    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 petitioner
                                    to move a fresh representation with respect to his 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 before the respondent no.9, 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 other legal impediment.

                                    7. With the aforesaid direction, instant writ petition is finally disposed of.


                                                                                              (Dinesh Pathak,J.)
                                    May 18, 2026
                                    VR




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad


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