• Delay in Hearing of Writ Petition Despite Retirement and Final Stage Status - Allahabad High Court

I retired as an accountant from the Basic Education Department in October 2024. My junior was promoted in another department while I was not, so I filed Writ Petition No. 3024/2019 before the Hon’ble Allahabad High Court. Despite being at the final stage, my case has not been heard for years—whenever my lawyer files a listing application, it gets listed after 5–6 months, and then due to pass overs, more time is lost. Now that I am retired and my case is still pending, what effective legal steps can I take to ensure my matter is heard and decided without further delay?
Asked 2 months ago in Labour

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13 Answers

Since your writ petition has been delayed for years in the Allahabad High Court, you should ask your lawyer to file an Urgency or Early Hearing Application with a detailed affidavit stating your superannuation, your hardship as a retired employee, and the prejudice caused due to the delay. You or your lawyer may also make an oral mention before the concerned bench or (preferably) before the Chief Justice, explicitly requesting an early/fixed-date hearing on humanitarian grounds. Highlight that your matter relates to service promotion and now has become an issue of pensionary benefits post-retirement. The Allahabad High Court permits mention and urgent listing requests, especially for retired government employees whose rights are affected due to delays. In exceptional cases, a written representation to the Registrar (Listing)/Chief Justice has also proven effective. Persistent follow-up, and clear evidence of hardship, will increase the chances of your case being prioritized and heard soon.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Your advocate should move, Instead of a general “listing request,” the urgency application should be supported by an affidavit highlighting irreparable prejudice due to delay.

Your advocate can mention the matter before the Bench (during mentioning time at the start of the day) and request that:

The case be given a fixed date for hearing.

Alternatively, the Court may direct that your case be listed in the top 10 matters on a specific date.

Once a “date-certain” order is passed, the Registry has no discretion to delay it.
Where repeated listing applications fail, you can file a representation/application to the Hon’ble Chief Justice (in chambers) pointing out:

Your age and retirement status.

That the matter has been pending since 2019 despite being ripe for hearing.

The CJ, as master of the roster, can direct early listing or assignment to a service matters bench.
If Nothing Moves—Consider a Transfer Petition to the Supreme Court

In extreme cases, where the matter is abnormally delayed, you can seek relief under Article 139A or by filing a special leave petition highlighting denial of effective remedy due to non-hearing.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Take circulation and show urgency for earlier hearing 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

You have to make out a case for urgency 

 

there are lakhs of pending cases in HC 

 

if no urgency is made out you will not get urgent hearing 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You have two options:

 

Firstly you should have filed an listing application to list your matter in the category of Senior Citizens.

 

Secondly you can change your counsel if he is not doing pairavi very well.

 

 

 

 

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

Sir, since you’ve retired, the best way to speed things up is:

  1. File an urgent listing/early disposal application citing your retirement and long pendency.
  2. Have your advocate personally mention the matter before the Bench/Chief Justice for early hearing.
  3. If any interim order is pending, a contempt petition can also bring faster listing.

The most effective step is personal mentioning for urgent disposal.

AND my hometown is also Govind Nagar, Kanpur.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

Get is expedited from the Supreme Court. You can also try another way. Mention it in the morning when the case is next listed, and may be after hearing the urgency, the Court may agree to take up your matter. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. File Urgency Application
File Application for Early Hearing with detailed affidavit stating:

  • Retirement in October 2024

  • Hardship as retired employee

  • Prejudice due to 6-year delay

  • Final stage status

2. Oral Mention Before Chief Justice
Request lawyer to mention before Chief Justice on humanitarian grounds citing:

  • Service promotion matter now affecting pensionary benefits

  • Retired government employee status

3. Written Representation
Submit written representation to Registrar (Listing) highlighting:

  • Unreasonable delay in final stage case

  • Constitutional right to speedy justice (Article 21)

4. Supreme Court Appeal Option
If High Court fails to act, approach Supreme Court under Article 136 for expeditious disposal.

5. Constitutional Remedy
File fresh writ under Article 226 against Allahabad High Court for violation of right to speedy trial.

Key Point: Allahabad High Court specifically permits urgent listing for retired government employees whose rights are affected by delays.

Timeline: File urgency application immediately - persistent follow-up increases success chances.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

- You can file an application for the urgent hearing of the case on the ground of retirement

- Further , if even no benefit , then file a petition before the Supreme Court for directing the said Court to hear the matter on urgent basis. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

I understand your concern. Delay in listing and hearing of writ petitions is unfortunately a common difficulty before the High Court. Since your matter (Writ Petition No. 3024/2019) has been pending for years despite being at the final stage, and now you have already retired, you have certain effective legal remedies available to expedite the process:

  1. Urgent Listing Application:

    • Instead of a routine listing application, you may file a mention for urgent hearing before the Hon’ble Court, citing your retirement, financial hardship, and pendency since 2019.

    • Your counsel can also orally mention the urgency before the concerned bench on the very day of sitting.

  2. Interlocutory/Interim Relief:

    • If your entitlement (promotion/benefits) is already clear from precedent or departmental records, your counsel can seek interim directions for notional promotion or protection of retiral benefits pending final disposal.

  3. Approach the Chief Justice / Registrar (Listing):

    • A representation can be made to the Hon’ble Chief Justice through the Registrar (Listing), highlighting the long pendency and the fact that the case concerns a retired employee’s service benefits. Such requests are often considered sympathetically.

  4. Contempt / Miscellaneous Application:

    • If any earlier direction was passed (for example, “decide representation”), and the same was not complied with, a contempt petition or a fresh miscellaneous application can bring your case back on board faster.

  5. Alternative Remedy:

    • If prolonged delay continues despite all efforts, a fresh writ petition limited to your retiral benefits(pension fixation, arrears, notional promotion, etc.) may also be filed, which sometimes gets quicker attention than old pending matters.

Next Step:
To ensure your case is finally heard without further delay, you will need a well-drafted urgent listing applicationsupported by facts of your retirement, hardship, and long pendency, along with proactive mentioning before the bench. A carefully strategised approach will improve the chances of early disposal.

You may connect with me for a detailed consultation, where I can assist in preparing the urgency application, drafting additional reliefs if required, and guiding you on the most effective procedural step to bring your matter to hearing at the earliest.

Best regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

File a fresh urgent hearing/priority listing application supported by an affidavit citing your retirement and hardship, and ask your lawyer to press for mentioning before the Bench. If delays continue, approach the Chief Justice with a request for early disposal through the Registrar (Judicial) for early disposal of your writ, especially since it concerns service and retiral benefits.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Mr. Bajpai, 

These cases are very common in various Courts of India. I can understand your concern in this regard. The matter was last listed on 06.09.2024 and there was a direction to list the matter on 20.12.2024. However, seems like the matter wasn't heard / reached that day as well. 

Delays in promotion and court proceedings have different implications. The administrative delays in promotion can entitle an employee to retrospective promotion and financial benefits if the delay is the employer's fault, inordinate. However, at the present stage, you can file the Special Leave Petition [SLP] before the Hon'ble Supreme Court only to seek a limited direction that the matter may be disposed of by the High Court as expeditiously as possible within 1 month or so on the ground that matter is not being heard and you are retired and various other reasons.

 

You may contact my secretary to connect with me for clarification. 

 

Gopal Verma

Advocate on Record 

Supreme Court of India 

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Dear Client, 

To speed up your writ petition, you may ask your lawyer to file an urgent listing application at the Allahabad High Court. This application must mention and highlight your retirement and the long delay in hearing that you have suffered. For you matter to be given even further priority, you can also ask your lawyer to make a special mention before the Registrar or Chief Justice, requesting that your case be heard at an early date. If the issue still isn’t resolved and there is no progress in your case, you have the right to approach the Supreme Court under Article 136 of the Constitution to seek special leave for a faster disposal of your matter. You have to do regular follow-ups with the court registry. Also, getting a senior counsel involved may help your case get attention.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you. 

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

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