Ram Surat Prasad and 4 Others vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Ram Surat Prasad and 4 Others vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim/procedural directions only: notice to respondent no.6 by ordinary and registered post on payment of PF within a week; counter affidavit by Standing Counsel for State-respondent nos.1 to 5 within four weeks; rejoinder affidavit, if any, within two weeks thereafter; case listed on 11.11.2025. None of the substantive mandamus reliefs (continuous service, promotional pay scale, arrears, retiral benefits, 18% interest, sanction of posts, decision on representation dated 11.8.2025) were adjudicated at this stage.

Issue for consideration

Whether the respondents should be directed to treat the petitioners' service from 18.04.2001 to 27.10.2014 as continuous service and pay promotional pay scale, other consequential benefits, arrears of salary and retiral benefits with increment. +3 more

Ratio / Principle

The Court took the submissions and contents of the writ petition into consideration and expressed the view that the matter requires consideration (admission-stage interim observation; no substantive right adjudicated).

Key takeaways

Notice was ordered to be issued to respondent no.6 by ordinary post as well as registered post, on payment of PF within a week.ratio¶15
Learned Standing Counsel for State-respondent nos.1 to 5 was directed to file counter affidavit within four weeks.ratio¶20
Rejoinder affidavit, if any, was permitted to be filed within two weeks thereafter.ratio¶21

Detailed headnote1 paragraphs

Interim (admission-stage) order of the High Court of Judicature at Allahabad (Hon'ble Chandra Dhari Singh, J.) in WRIT - A No. 12802 of 2025, Ram Surat Prasad And 4 Others v. State Of U.P. And 5 Others, dated September 1, 2025. Petitioners, through counsel including Syed Fahim Ahmed, Sr. Advocate, sought mandamus directing the respondents to count their service from 18.04.2001 to 27.10.2014 as continuous service and to pay promotional pay scale, arrears of salary, retiral and consequential benefits with increment, with 18% panel interest, to sanction their posts from 2001 to 2014, and to direct respondent nos. 1 and 4 to decide their representation dated 11.8.2025. The Court held that the matter requires consideration, issued notice to respondent no.6 by ordinary and registered post on payment of PF within a week, allowed Sri Awadhesh Kumar Mishra, learned Standing Counsel for State-respondent nos.1 to 5, four weeks to file counter affidavit, permitted rejoinder within two weeks thereafter, and listed the case on 11.11.2025. No statute or precedent was cited and no substantive relief was granted or refused.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 12802 of 2025

Ram Surat Prasad And 4 Others

.....Petitioner(s)

Versus

State Of U.P. And 5 Others

.....Respondent(s) Counsel for Petitioner(s) : Ramji Singh Patel, Syed Fahim Ahmed, Sr. Advocate Counsel for Respondent(s) : C.S.C. Court No. - 32

HON'BLE CHANDRA DHARI SINGH, J.

The instant writ petition has been filed with the following main reliefs:-

"i. Issue a writ, order or direction in the nature of mandamus directing the respondents to add the service of the petitioners from 18.04.2001 upto 27.10.2014 as continuous service and pay the promotional pay scale and other consequential benefits, arrears of salary and retiral benefits alongwith increment.

ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 4 to decide the representation of the petitioner dated 11.8.2025 (Annexure No.7 to the writ petition).

iii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 i.e. Joint Director of Education, Varanasi Region, Varanasi to provide consequential benefits to the petitioners since 18.4.2001 and arrears should be paid to all the petitioners with 18% panel interest on the amount whatsoever.

iv. Issue a writ, order or direction in the nature of mandamus directing the respondents to sanction the posts of petitioners from 2001 upto 2014 and pay entire dues of arrears of salary from 18.04.2001 to 27.10.2014."

Taking into consideration the submissions and contents made in the writ petition, I am of the view that matter requires consideration.

Issue notice to respondent no.6, by ordinary post as well as registered post

WRIA No. 12802 of 2025

2

on payment of PF within a week.

Sri Awadhesh Kumar Mishra, learned Standing Counsel appeared on advance accepted notice on behalf of State-respondent nos.1 to 5 vehemently opposed the petition and prayed for four weeks' time to file counter affidavit.

Let him file counter affidavit within four weeks.

Rejoinder affidavit, if any, may be filed within two weeks, thereafter.

List this case on 11.11.2025.

(Chandra Dhari Singh,J.)

September 1, 2025

Atul

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad