Sajid Ali vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Sajid Ali vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner permitted to submit a fresh representation with relevant documents before respondent no.2 (Commissioner and Director Industry, Personnel Section 3-A, Udyog and Protsahan Directorate, U.P., Sarvodya Nagar, Kanpur) within three weeks; respondent no.2 directed to consider and decide it in accordance with law by a reasoned and speaking order after hearing, preferably within six weeks of production of the certified copy, subject to no legal impediment.

Issue for consideration

Whether the respondents can be directed to consider and decide the petitioner's representation dated 09.07.2025 concerning payment of post-retiral benefits of the petitioner's father Late Shakir Ali, within a stipulated time.

Court's answer

Without expressing any opinion on the merits, the Court disposed of the writ petition, providing that the petitioner may make a fresh application/representation, ventilating all grievances with supporting documents, before respondent no.2 (Commissioner and Director Industry, Personnel Section 3-A, Udyog and Protsahan Directorate, U.P., Sarvodya Nagar, Kanpur) within three weeks, along with a certified copy of the order.

Ratio / Principle

On receipt of the fresh representation, respondent no.2 shall 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.

Key takeaways

The decision on the fresh representation is to be made expeditiously, preferably within six weeks from the date of production of the certified copy of this order, if there is no legal impediment.ratio¶18
The Court expressly reserved opinion on the merits of the petitioner's claim while disposing of the petition by the aforesaid direction.ratio¶18

Detailed headnote1 paragraphs

Writ - A No. 17743 of 2025 (Allahabad HC, Mrs. Manju Rani Chauhan, J., December 2, 2025): Sajid Ali v. State of U.P. and 3 others sought mandamus for payment of post-retiral benefits of petitioner's father Late Shakir Ali (prayer (a)) and for decision of the petitioner's representation dated 09.07.2025 (prayer (b)). Counsel withdrew prayer (a) and confined the petition to prayer (b). Disposing of the matter without expressing any opinion on merits, the Court held that the petitioner may file a fresh representation with supporting documents before respondent no.2, Commissioner and Director Industry, Personnel Section 3-A, Udyog and Protsahan Directorate, U.P., Sarvodya Nagar, Kanpur, within three weeks; respondent no.2 to decide it strictly in accordance with law by a reasoned and speaking order after giving opportunity of hearing, preferably within six weeks of production of the certified copy, if there is no legal impediment. No quantum of benefits stated; prayer (a) references (G.O. dated 01.07.1989, order in Civil Misc. Writ Petition No.68259 of 2006 dated 06.03.2018, letter dated 25.11.2024) merely noted, not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 17743 of 2025

Sajid Ali

.....Petitioner(s)

Versus

State Of U.P. And 3 Others			.....Respondent(s)
Counsel for Petitioner(s)	: Devendra Singh	Dahma,	Ratnesh Kumar
Counsel for Respondent(s)	: C.S.C.
Court No.- 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioner and Mr. Rishi Kumar, learned Additional Chief Standing Counsel for the State-respondents.

The writ petition has been filed with the following prayers:-

"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the petitioner post retiral benefits of the petitioner's father Late Shakir Ali, within stipulated period, in view of the Government order no.3-1152/DAS 912-89 dated 01.07.1989, Hon'ble Court order dated 06.03.2018 passed in Civil Misc. Writ Petition No.68259 of 2006 and letter no.3-A/Ka/Cement/Pension Patrank/202425 Kanpur dated 25.11.2024 written by respondent no.2 to respondent no.3.

(b) Issue a writ order or direction in the nature of mandamus commanding the respondents to decide the representation of the petitioner dated 09.07.2025 in accordance with law within stipulated time as fixed by this Court."

Learned counsel for the petitioner is not pressing prayer (a) and has confined his submission to prayer (b).

Learned counsel for the petitioner submits that claim regarding payment of post retiral benefits of petitioner's father late Shakir Ali is pending consideration. Therefore, a direction may be issued to the respondents authorities to consider his grievance and pass appropriate order in accordance with law.

Learned Standing Counsel submits that he has no objection in case the

WRIA No. 17743 of 2025

2

petitioner submit a fresh representation before the respondent no.2 along with all relevant documents, the same shall be considered and decided in accordance with law.

Considering the facts and circumstance 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 petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.2 Commissioner and Director Industry, Personnel Section 3-A, Udyog and Protsahan Directorate, U.P., Sarvodya Nagar, Kanpur, 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.)

December 2, 2025 Rahul.

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad