Allahabad High Court
KAUSHAL AHIRWARversusDISTRICT BASIC EDUCATION OFFICER AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The order dated 04‑08‑2026 is quashed and the petitioner’s seniority stands until a final seniority list is issued.
Summary
Petitioner Kaushal Ahirwar, an untrained Assistant Teacher appointed in 1995 and later promoted to Head Master, challenged an order dated 04‑08‑2026 issued by the District Basic Education Officer that declared respondent No. 5 senior to him on the basis of a higher grade‑pay, thereby affecting his charge as Head Master. The petitioner argued that the tentative seniority list dated 14‑01‑2026 placed him senior to respondent No. 5 (serial no. 199 vs. 227) and that the final seniority list had not yet been published. The respondents contended that objections to the tentative list were pending and sought time to obtain instructions. The Court examined whether the impugned order could disturb the petitioner’s seniority before the final list was fixed and held that until the final seniority list is issued, the petitioner’s seniority cannot be altered. Consequently, the Court quashed the order dated 04‑08‑2026, directed the District Basic Education Officer to consider all objections and finalize the seniority list within two months, and allowed the writ petition.
Issues considered
- Whether the order dated 04‑08‑2026 altering seniority on the basis of grade‑pay is legally valid.
- Whether the petitioner’s seniority can be disturbed before the final seniority list is published.
- Whether the court should quash the impugned order and direct the authority to finalize the seniority list.
Subjects
- seniority
- head master appointment
- grade pay
- certiorari
- mandamus
- seniority list
- education service
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13531 of 2026
Kaushal Ahirwar
.....Petitioner(s)
Versus
District Basic Education Officer And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adarsh Singh, Ajeet Kumar, Sr.
Advocate
Counsel for Respondent(s) : C.S.C., Nikhil Singh, Shashi Prakash
Rai, Shiva Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State, Mr. Shashi Prakash Rai, learned Advocate who has put in appearance
on behalf of respondent Nos. 1, 2 and 3, and Mr. Nikhil Singh, learned
counsel for respondent no. 5.
The petitioner has preferred the present petition for the following reliefs:
"1. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 4.8.2026,
passed by Respondent no. 1 District Basic Education Officer Lalitpur (Annexure No. 5 to this writ
petition).
II. Issue a writ order or direction in the nature of mandamus commanding the Respondents not to interfere
in the functioning of the petitioner on the post of Head Master of Senior Basic School Lakhanpura, Block
Jakhaura District Lalitpur under the impugned order dated 4.8.2026, passed by Respondent no.1."
On previous occasion, i.e., 01.09.2026, when the matter was taken up,
following order was passed by this Court:
"Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr.
Shashi Prakash Rai, learned counsel for the respondent-BSA.
This writ petition has been filed with a prayer to quash the impugned order dated 04.08.2026 passed by
respondent no.1, i.e. District Basic Education Officer, Lalitpur.
Learned counsel for the petitioner submits that the petitioner, who was appointed as untrained Assistant
Teacher in Senior Basic School on 06.10.1995 and was given trained grade pay w.e.f. 24.04.2002 and
after completion of B.T.C. training on 26.04.2013 was given grade pay of Rs. 4,600/-, was given the
charge of Headmaster on 31.10.2023. A seniority list was also published on 14.01.2026, wherein the
petitioner finds place at serial no. 199, whereas respondent no. 5 is placed at serial no. 227, meaning
WRIA No. 13531 of 2026
2
thereby that the petitioner is senior to respondent no. 5. However, the impugned order dated 04.08.2026
has been passed stating that respondent no. 5 is senior to the petitioner only on the basis that grade pay of
Rs. 4,800/- is being received by him. Learned counsel for the petitioner further submits that the
administrative charge has been handed over to respondent no. 5, however, the financial charge has not
been given.
On the aforesaid, learned counsel for the respondent-BSA prays for and is granted two weeks' time to
obtain instructions in the matter.
Issue notice to respondent no. 5 by both modes, i.e., by regular mode as well as dasti summons. Steps be
taken within three days.
Put up this case on 21st September, 2026 as fresh.
As an interim measure, the status quo as on date shall be maintained till the next date of listing."
On the basis of instructions, learned counsel for the respondent-BSA submits
that a tentative seniority list has been published on 14.01.2026, to which
objections were invited, however till date no final list has been published.
Under the abovementioned circumstances, wherein in the tentative seniority
list which has been published on 14.01.2026, in which the petitioner is
shown senior to respondent No. 5, this Court finds that until and unless final
orders are passed on the objections as invited, the petitioner's seniority
cannot be disturbed.
In view of the above, the order impugned needs to be set aside. It is
accordingly quashed. The writ petition is allowed with a direction to
respondent No. 1-District Basic Education Officer, Lalitpur to consider the
objections as filed by all concerned including respondent No. 5 and finalise
the seniority list, in accordance with law, expeditiously preferably within a
period of two months from the date of production of a certified copy of this
order.
No order as to costs.
September 21, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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