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2025 DAILYLAW 172030 (ALL)

PRADEEP SHARMA v. STATE OF U.P. AND 5 OTHERS

WRIA/15742/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15742 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Vaibhav Goswami, learned counsel for the writ petitioner and Sri Brijesh Kumar Srivastava, learned Standing Counsel for the State. 2. The writ petition has been preferred seeking following reliefs.- "A. Issue writ of mandamus directing the respondents particularly respondent no.2 to decide the petitioner's representation dated 28.10.2016 (Annexure (No.9 to the writ petition) forthwith without any further delay and provide the pay scale of senior assistant since 16.2.1991 and further accord the promotion on the post of administrative officer since 26.10.2016 on the date of juniors of the petitioner has been promoted on the post of administrative officer (Annexure No.8 to the writ petition). B. Issue writ of mandamus directing the respondents to act in accordance with law by providing all service benefit to the petitioner treating the service on the post of senior assistant since 16.2.1991 including the other emoluments and pay grade according to ACP etc. C. Pass such other and further order according to the circumstances of the case." 3. Sri Brijesh Kumar Srivastava, learned Standing Counsel submits that as per the owning saying of the writ petitioner, the writ petitioner stood superannuated in the year 2019 and the cause of action stood arisen in the year 2016 with respect to assigning of pay scale of Senior Assistant since 16.02.1991 promotion on the post of administrative officer on Versus Counsel for Petitioner(s) : Sr. Advocate, Vaibhav Goswami Counsel for Respondent(s) : C.S.C. Pradeep Sharma .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 26.10.2016, thus, according to him, the writ petition may not be maintainable before this Court particularly when the writ petitioner has an alternate efficacious remedy of approaching the UP Public Service Tribunal. 4. Sri Vaibhav Goswami submits that the writ petitioner shall avail the remedy of preferring a claim petition before the UP Public Service Tribunal but there would be delay in filing the claim and the delay be condoned. 5. Accordingly, interference is declined, the writ petition stands disposed of leaving it open for the writ petitioner to approach the UP Public Service Tribunal and, in case, there is delay then it is always open for the writ petitioner to file appropriate application for condonation of delay October 28, 2025 Rajesh WRIA No. 15742 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad