Om Prakash vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Om Prakash vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that the petitioner may file a fresh application/representation ventilating all grievances with supporting documents before respondent no.2 (The Commissioner, Kanpur Nagar Nigam) within three weeks, along with a certified copy of the order; respondent no.2 to consider and decide it strictly in accordance with law by a reasoned and speaking order after proper opportunity of hearing, preferably within six weeks of production of the certified copy, if there is no legal impediment.

Issue for consideration

Whether respondent no.2 should be commanded by mandamus to decide the petitioner's representation dated 30.08.2025 and reminder dated 03.09.2025 pending before him. +1 more

Court's answer

Without expressing any opinion on the merits, the writ petition is disposed of with liberty to the petitioner to make a fresh application/representation ventilating all his grievances, supported by all such documents as may be advised, before respondent no.2 (The Commissioner, Kanpur Nagar Nigam) within three weeks from the date of the order, along with a certified copy of the order.

Ratio / Principle

On such fresh representation being made, respondent no.2 shall make all endeavours to consider and decide it strictly in accordance with law by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within six weeks from the date of production of the certified copy of the order, if there is no legal impediment.

Key takeaways

The Court expressly refrained from expressing any opinion on the merits of the case set up on behalf of the petitioner; the question of his entitlement to A.C.P. benefits remains undecided and left open.obiter¶18

Detailed headnote1 paragraphs

Allahabad High Court (Manju Rani Chauhan, J.) disposed of WRIT - A No. 17432 of 2025 filed by Om Prakash, a permanent Safai Karamchari in the Health Department, Kanpur Nagar Nigam, with about 22 years of service, who sought a mandamus directing respondent no.2 to decide his representation dated 30.08.2025 and reminder dated 03.09.2025 and to grant him benefits under the Assured Career Progression (A.C.P.) Scheme. Without expressing any opinion on the merits, the Court permitted the petitioner to move a fresh application/representation ventilating all his grievances with supporting documents before the Commissioner, Kanpur Nagar Nigam, within three weeks along with a certified copy of the order; on such representation being made, the Commissioner was directed to consider and decide it strictly in accordance with law by a reasoned and speaking order after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within six weeks from production of the certified copy, if there is no legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 17432 of 2025

Om Prakash

.....Petitioner(s)

Versus

State of U.P. and Another

Counsel for Petitioner(s)	: Dinesh Kumar .....Respondent(s)
Counsel for Respondent(s)	: C.S.C., Harshit Pandey

Court No. - 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioner, Mr. Harshit Pandey, learned counsel for respondent no.2 as well as learned Standing Counsel for the State and perused the record.

The petitioner has preferred the instant writ petition with the following prayers :-

"a. Issue a Writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to decide the representation dated 30.08.2025 and reminder dated 03.09.2025 pending before him within stipulated period as fixed by this Hon'ble Court. (Annexure No. 2 and 3 to the writ petition)

b. Issue a Writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to get the benefit under the Assured Career Progression (A.C.P.) Scheme in favour of petitioner."

Learned counsel for the petitioner submits that the petitioner is a permanent employee working on the post of Safai Karamchari in the Health Department, Kanpur Nagar Nigam, Kanpur Nagar. He has performed his duty for nearly 22 years with all sincerity and honesty, there being no complaint or adverse entry against him. The petitioner is entitled for A.C.P. but has not been provided the same, therefore, for ventilation of his grievances, the petitioner has approached the authority concerned by moving a representation. However, despite representation being moved by the petitioner, no heed has yet been paid.

WRIA No. 17432 of 2025

2

Learned counsel for the State submits that in case petitioner moves fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law.

Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by all such documents, as may be advised, before the respondent no.2-The Commissioner, Kanpur Nagar Nigam, DistrictKanpur Nagar, within three weeks from today, along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment.

(Mrs. Manju Rani Chauhan,J.)

November 19, 2025

Kalp Nath Singh

Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad