Allahabad High Court
MOHD PARVEZ ALAM WARSIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court refused to grant mandamus and directed the petitioner to file a fresh representation, after which the authority must decide the renewal claim within a stipulated period.
Summary
The petitioner, Mohd Parvez Alam Warsi, who had been employed as an Instructor of Art/Physical & Health Education in a primary school from 2013 to 2023‑24, filed a writ petition seeking a mandamus directing the respondents to renew his engagement for the 2024‑25 and 2025‑26 sessions and to pay the pending honorarium. He alleged that his services were not renewed without any explanation and that his representation to the authorities remained unconsidered. The respondents argued that the petition was filed after an inordinate delay of nearly two years and that relief could not be granted, though they were open to examining a fresh representation. The Court, without delving into the merits, declined to issue the mandamus and, with the parties’ consent, directed the petitioner to file a fresh representation before the District Basic Education Officer within three weeks. Upon receipt of such representation, the respondent was ordered to decide the matter expeditiously, preferably within two months, and to issue a reasoned order.
Issues considered
- Whether a writ of mandamus can be issued to compel renewal of a contractual teaching appointment after a delay of two years.
- Whether the petitioner is entitled to back‑pay and honorarium for the periods for which his engagement was not renewed.
- Whether the court must first require the petitioner to make a fresh representation before directing the authority to decide the claim.
Subjects
- employment
- contract renewal
- mandamus
- administrative law
- delay
- representation
- education
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13512 of 2026
Mohd Parvez Alam Warsi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Yadava
Counsel for Respondent(s) : Kaushlesh Pratap Singh, C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, Mr. Mohit Dixit, Advocate,
holding brief of Mr. Kaushlesh Pratap Singh, learned counsel for the
respondent-BSA and learned Standing Counsel for the State-
respondents.
The writ petition has been filed with the following prayers:-
"(i). Issue a writ, order or direction in the nature of mandamus commanding and
directing as the Instructor of Respondents, to renew/consider the renewal of the
engagement of the Petitioner Art/Physical & Health Education in Primary
School Rurua Phanphood, Block Bhagya Nagar, District Auraiya for the
academic sessions 2024-2025 and 2025-2026, and also pay the honorarium
from 1st of July, 2024 till the actual payment with interest, in accordance with
the applicable Government Orders and the procedure followed in the case of the
Petitioner in the preceding academic sessions, within such period as may kindly
be fixed by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and
directing the Respondents to consider and decide the Application dated
15.02.2025 sent by the Petitioner before the Block Education Officer Block
Bhagya Nagar District Auraiya [filed as Annexure No.4 with this Writ
Petition], within a stipulated period as may be fixed by this Hon'ble Court.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and
directing the Respondent authorities to permit the Petitioner to discharge his
duties as Instructor of Art/Physical & Health Education in Primary School
Rurua Phanphood, Block Bhagya Nagar, District Auraiya, subject to the
decision upon his claim for renewal, if the competent authority finds that the
post/work continues to exist and the Petitioner is otherwise eligible."
Learned counsel for the petitioner submits that the petitioner worked
as Instructor (Art/Physical and Health Education) in a Primary
School from 2013 till 2023-2024, after which his services for the
WRIA No. 13512 of 2026
2
sessions 2024-2025 and 2025-2026 were not renewed, and he has not
been informed as to why his services were not renewed. The
petitioner moved a representation before the authorities concerned to
look into his grievance, but nothing has been done till date.
Therefore, a direction may be issued to the authorities concerned to
decide the claim of the petitioner within a stipulated period.
Learned counsel for the respondent-BSA submits that the petitioner
has approached the Court after a delay of nearly two years, as his
services were not renewed after 2023-2024. Therefore, the relief as
prayed cannot be granted. However, he submits that in case a fresh
representation is made by the petitioner, the same shall be looked
into in accordance with law.
Considering the facts and circumstances of the case, without going
into the merits, and with the consent of the parties, the writ petition
is disposed of with a direction that, in case the petitioner moves a
fresh representation ventilating all his grievances, supported by such
documents as he may be advised, before respondent No.4, District
Basic Education Officer, Auraiya, within three weeks from today,
along with a certified copy of this order, respondent No.4 shall, on
such representation being made, make all endeavours to consider and
decide the same strictly in accordance with law, by a reasoned and
speaking order, after giving proper opportunity of hearing to the
petitioner, as expeditiously as possible, preferably within two months
from the date of production of a certified copy of this order, if there
is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 29, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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