Allahabad High Court
AWADHESH KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court disposed of the petition without adjudicating the merits, directing the respondent authority to decide the pending representation/application within twelve weeks.
Summary
The petitioner, Awadhesh Kumar, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and others to grant him the 2nd and 3rd Assured Career Progression (A.C.P.) along with interest and arrears. He had already submitted a representation/application for the same, which was pending before the respondent authority. The respondent counsel argued that the petition was unnecessary and that the pending representation should simply be decided within a reasonable time. The Court, after hearing both sides, chose not to express any view on the merits of the A.C.P. claim. Instead, it disposed of the petition, directing the respondent authority to decide the pending representation/application expeditiously, preferably within twelve weeks of the certified copy of the order, subject to any legal impediment.
Issues considered
- What is the appropriate relief, if any, that a High Court can grant in a writ petition seeking mandamus for the grant of Assured Career Progression and arrears?
- Whether the Court should entertain the petition on merits or merely direct the respondent authority to decide the pending representation/application within a stipulated time.
Subjects
- Assured Career Progression
- Mandamus
- Writ Petition
- Service Law
- Administrative Law
- Interest and arrears
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7973 of 2026
Awadhesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Kishore Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
" Issue a writ, order or direction in the nature of mandamus
directing respondents to grant 2nd and 3rd Assured Career
Progression (A.C.P) and to within stipulated period along with
interest and calculate arrear and pay the same forthwith or
prescribed under law."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
2nd and 3rd Assured Career Progression (A.C.P) along with interest and
arrears. In this regard, the petitioner has moved a representation/application
which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent authority to decide the representation/application of the
petitioner within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent authority to consider and decide the
aforementioned representation/application of the petitioner, in accordance
with law, expeditiously, preferably within a period of twelve weeks from the
WRIA No. 7973 of 2026
2
date of production of a certified copy of this order after giving opportunity
of hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
October 1, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
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