Smt. Suman and 5 Others vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Smt. Suman and 5 Others vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioners to file a fresh representation with certified copy of the order before respondent no.3, District Inspector of Schools, Mirzapur, within 10 days; respondent no.3 to decide it in accordance with law, expeditiously, preferably within six weeks of receipt. No monetary relief awarded by this order.

Issue for consideration

Whether the petitioners are entitled to payment of House Rent Allowance at the rate payable to employees of Varanasi city, in the light of the judgment rendered by the Hon'ble Full Bench in Uma Shankar Singh Vs. State of U.P., 2015 (8) ADJ 741. +1 more

Ratio / Principle

Without entering into the merits of the case, the Court allowed the innocuous prayer and directed the petitioners to file a fresh representation, along with the writ petition and certified copy of this order, before respondent no.3, District Inspector of Schools, Mirzapur, District Mirzapur, within 10 days.

Key takeaways

Respondent no.3 was directed to decide the said fresh representation in accordance with law, expeditiously, preferably within six weeks from the date of receipt of the representation.ratio¶13

Detailed headnote1 paragraphs

Service matter — House Rent Allowance (Allahabad High Court, WRIT - A No. 11956 of 2025; Chandra Dhari Singh, J.; order dated 20.8.2025): Petitioners (Smt. Suman and 5 others) sought mandamus for payment of House Rent Allowance at the rate payable to Varanasi-city employees, and for decision of their representation dated 01.10.2024, in the light of the Hon'ble Full Bench judgment in Uma Shankar Singh Vs. State of U.P., 2015 (8) ADJ 741. Without entering into the merits, and as learned Standing Counsel raised no objection, the Judge allowed the innocuous prayer: petitioners to file a fresh representation with certified copy of the order before respondent no.3, District Inspector of Schools, Mirzapur, within 10 days; respondent no.3 to decide it in accordance with law, expeditiously, preferably within six weeks of receipt. Petition disposed of.

Neutral Citation No. - 2025:AHC:142472

Court No. - 32

Case :- WRIT - A No. - 11956 of 2025

Petitioner :- Smt. Suman And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- C.S.C.

Hon'ble Chandra Dhari Singh,J.

The instant writ petition has been filed seeking for the following reliefs:-

" (i) to issue a writ, order or direction in the nature of mandamus commanding directing the respondents to pay House Rent Allowance to the petitioners at the rate payable to the employees of the Varanasi city in the light of the judgment rendered by Hon'ble Full Bench in case of Uma Shankar Singh And others Vs. State of U.P. and others 2015 (8) ADJ 741.

(ii) to issue a writ, order or direction in the nature of mandamus commanding directing the respondents to decide the representation of the petitioners dated 01.10.2024 in the light of the judgment rendered by Hon'ble Full Bench in case of Uma Shankar Singh And others Vs. State of U.P. and others 2015 (8) ADJ 741, forthwith or within some stipulated period as fixed by this Hon'ble Court."

Learned counsel appearing on behalf of petitioners without entering into the merits of the case made innocuous prayer that he may be permitted to file fresh representation before respondent no.3 and a direction may be issued to him to decide the same in time bound manner.

3.Sri Ashish Kumar Dubey, learned standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not opposed the prayer as made by learned counsel appearing on behalf of the petitioner.

Heard learned counsel appearing on behalf of the petitioners and Sri Ashish Kumar Dubey, learned Standing Counsel and

perused the contents made in the writ petition.

Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioners as no objection made by learned standing counsel. Petitioners are directed to file a fresh representation along with the present writ petition and certified copy of this order before respondent no.3 District Inspector of Schools Mirzapur, District Mirzapur within 10 days. After receiving the said representation, the respondent no.3 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of six weeks from the date of receipt of the said representation.

With the aforesaid directions/observations, the present writ petition is disposed of.

Order Date :- 20.8.2025 AKT

(Chandra Dhari Singh,J.)

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad