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2026 DAILYLAW 11715 (ALL)

RAKESH BABU v. STATE OF U.P. AND ANOTHER

WRIA/5580/2026 · 2026-09-29

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5580 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1. This writ petition has been filed with the following prayer: "(i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to grant the petitioner promotional grade pay and pay scale of Driver (Grade-3), Driver (Grade-2), Driver (Grade-1) and Driver (Special Grade) on completion of the requisite period of satisfactory service i.e. 9,15,18 and 19 years respectively, in accordance with the provisions of the Uttar Pradesh Government Department Driver's Service (3rd Amendment) Rules, 2013, either actually or notionally, from the dates the petitioner became entitled. (ii) To issue a writ, order or direction commanding the respondents to refix the pay of the petitioner by granting the aforesaid promotional grades from the respective due dates and to extend all consequential services benefits. (iii) To issue a writ, order or direction commanding the respondents to revise and refix the pension and other retiral benefits of the petitioner on the basis of the corrected pay fixation after granting the aforesaid promotional grades. (iv) To issue a writ, order or direction commanding the respondents to pay the entire arrears of salary, pension and other retiral benefits arising out of the aforesaid refixation to the petitioner along with interest @ 12% per annum from the date of amount became due till the date of actual payment. " 2. Learned Standing Counsel has submitted that the petitioner has already represented the District Magistrate for redressal of his grievances and no useful purpose would be served in keeping this writ petition pending. 3. The learned counsel for the petitioner submitted that the petitioner may be given liberty to file a fresh representation for his claim. Versus Counsel for Petitioner(s) : Anwar Hussain Counsel for Respondent(s) : C.S.C. Rakesh Babu .....Petitioner(s) State of U.P. and Another .....Respondent(s) 4. Accordingly, the writ petition stands disposed of with liberty to the petitioner to file a fresh representation and in case such a representation is filed within a period of one week from today, the same shall be considered and decided by respondent no.2, the District Magistrate/Collectore, Mainpuri within twelve weeks thereafter, after providing opportunity of hearing to all the concerned parties, provided there is no other legal impediment. 5. It is made clear that this Court has not examined the matter on merits of the case. September 30, 2026 Kumar Manish WRIA No. 5580 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad