Allahabad High Court
UMESH KUMAR DWIVEDIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The court dismissed the writ petition, holding that the dispute over honorarium does not warrant interference with the permanent appointment.
Summary
The petitioner, a temporary Assistant Teacher, filed a writ petition seeking to halt a permanent appointment advertised on 09-07-2026, arguing that his honorarium must be released before any such appointment. He also sought to link this petition with an earlier writ (Writ‑A No.8123 of 2024) concerning the release of his honorarium. The court observed that the two petitions raise distinct issues and that the petitioner offered no allegation of illegality in the advertisement itself. It held that a dispute over honorarium payment does not justify staying a lawful appointment, especially when a separate enquiry on temporary appointments is pending. Consequently, the court found no merit in the present petition and dismissed it, while noting that the earlier petition for honorarium remains unaffected.
Issues considered
- Whether a pending dispute over the release of honorarium can be a ground to stay a permanent appointment advertised under government rules.
- Whether the writ petition under Article 226 is maintainable to challenge the advertisement of the appointment.
- Whether the present writ petition can be joined with the earlier writ petition concerning honorarium payment.
Subjects
- honorarium
- temporary appointment
- permanent appointment
- writ petition
- Article 226
- government employee
- release of dues
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13859 of 2026
Umesh Kumar Dwivedi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Singh Sengar
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri Vijay Singh Sengar, Advocate appearing on behalf of the
petitioner and learned Standing Counsel for the State-respondents.
2. Contention of the learned counsel for the petitioner is that he has
already filed a petition being Writ-A No.8123 of 2024 (Umesh Kumar
Dwivedi vs. State of U.P. and 4 others), seeking to release of honorarium;
and admittedly that an enquiry regarding appointments of teachers on
temporary basis, is pending.
3. It is an admitted case of the petitioner that his engagement as Assistant
Teacher in government aided Sanskrit Institution was on temporary basis;
but however, now there is an advertisement being issued seeking
appointment against the vacancies on permanent basis.
4. The case is of the petitioner is that no appointments can be made on
permanent basis, unless the honorarium to which he is entitled, is released
in his favour. He does not dispute that the advertisement is for
appointment against a sanctioned vacancy on permanent basis; and it is
not the case of the petitioner that an adhoc employee is being replaced by
another adhoc employee.
5. Apart from the aforesaid, no other ground has been pressed by the
counsel for the petitioner, while assailing the impugned order of
appointment dated 09.07.2026; and only a request has been made to
connect the present writ petition with Writ-A No.8123 of 2024.
WRIA No. 13859 of 2026
2
6. This Court is of the view that reliefs claimed in both the writ petitions
are distinct in nature and no grounds have been taken, demonstrating any
illegality in the Advertisement, by the petitioner, while assailing the
impugned advertisement dated 09.07.2026; and merely because there is
some dispute regarding release of the payment of honorarium, fresh
appointment cannot be stalled; further more, there is an enquiry pending
regarding the appointment of teachers on temporary basis, which is a
subject matter in the pending writ petition (supra).
7. In view of the aforesaid, no good ground has been made for
interference by this Court under Article 226 of the Constitution,
accordingly, the present writ petition lacks merit and is dismissed.
8. However, dismissal of the present writ petition will not be an
impediment in the pending writ petition, which is for the release of
honorarium payment, for the work done by the petitioner.
(Siddharth Nandan,J.)
September 21, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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