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Allahabad High Court

AJIT KUAR SHAHI AND 9 OTHERSversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided

Holding

The writ petition was dismissed and the petitioners were directed to make fresh representations, with the respondent ordered to decide them within two months.

Summary

The petitioners, ten teachers serving as In‑charge Headmasters in Gorakhpur, sought a writ of certiorari to quash a Government order and mandamus directing the District Basic Education Officer to release their salaries and arrears and to decide pending representations. They relied on a Government Order dated 16‑07‑2026 which they claimed entitled them to such payments. The respondents argued that any fresh representation by the petitioners should be considered in accordance with law. The Court, without expressing a view on the merits, dismissed the writs and ordered the petitioners to file fresh individual applications with supporting documents within three weeks. The Court further directed the respondent to decide those applications within two months, issuing a reasoned order after giving a hearing.

Issues considered

  • Whether the Government order (paragraph 4) can be quashed by certiorari.
  • Whether mandamus can be issued directing the Basic Shiksha Adhikari to release salary and arrears to the petitioners.
  • Whether mandamus can be issued directing the Basic Shiksha Adhikari to consider and decide the petitioners' representations.

Subjects

  • Writ petition
  • Certiorari
  • Mandamus
  • Salary arrears
  • Headmaster
  • Government order
  • Basic Shiksha Adhikari
  • Administrative law

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                   WRIT - A No. - 13978 of 2026

Ajit Kuar Shahi And 9 Others
                                                                                  .....Petitioner(s)
                                                 Versus

State Of Uttar Pradesh And 4 Others
                                                                               .....Respondent(s)

Counsel for Petitioner(s)                       : Anurag Shukla
Counsel for Respondent(s)                       : Ashish Kumar (Nagvanshi), C.S.C.

Court No. - 52
                  HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Ashish Kumar (Nagvanshi), learned counsel for
the respondent-BSA and perused the record.

The present writ petition has been filed inter-alia for the following
reliefs:-

" I. Issue a writ, order or direction in the nature of certiorari to quash the impugned Government order

dated 14.10.2025 only to the extent of its Paragraph No. 4 read with Government order dated 16.07.2026

issued by the Additional Chief Secretary, Government of Uttar Pradesh (Respondent No. 1) (Annexure

No. 1 to the writ petition) forthwith.


II. Issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari,

District Gorakhpur Gorakhpur (Respondent No. 5) to take necessary steps to release salary to the

Petitioners admissible to the post of Head Master/Head Mistress and to pay arrears since the date

Petitioners are working as In-charge Head Master/Head Mistress, within a specific period as may be

directed by this Hon'ble Court.


III. Issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari,

District Gorakhpur Gorakhpur (Respondent No. 5) to consider and decide the representations dated

21.08.2026 (same date) submitted by the Petitioners (Annexure No. 2 to the writ petition), within a

specific period as may be directed by this Hon'ble Court.


IV. Issue any such other and suitable writ, order or direction as this Hon'ble Court may deem fit and

proper under the facts and circumstances of the case.


V. Award cost of the writ petition."
                                                                                            WRIA No. 13978 of 2026
                                                                    2


                                    Learned counsel for the petitioners submits that the petitioners, who are
                                    10 in number, are working as In-charge Headmasters. In view of the
                                    Government Order dated 16.07.2026, a copy whereof has been annexed at
                                    Page 40 of the writ petition (the date of the G.O. has wrongly been
                                    mentioned as 16.07.2025), the petitioners are entitled to salary as well as
                                    arrears of salary. It is further submitted that the petitioners have submitted
                                    several representations before the competent authority for redressal of
                                    their grievance, but no decision has been taken thereon till date.
                                    Therefore, a direction may be issued to the respondent no.5 to decide the
                                    same.

                                    Learned counsel for the respondents submits that in case petitioners move
                                    a fresh representations before the competent authority, the same shall be
                                    considered and decided in accordance with law.

                                    Considering the facts and circumstances of the case but without
                                    expressing any opinion on the merits of the case set up on behalf of the
                                    petitioners, the present writ petition is disposed of by providing that the
                                    petitioners may make fresh application/representations, individually,
                                    ventilating all their grievances, supported by such documents, as may be
                                    advised, before the respondent no.5; District Basic Education Officer,
                                    District Gorakhpur, within three weeks from today along with a certified
                                    copy of this order. On such representation being made, respondent no.5
                                    shall make all endeavours to consider and decide the same, strictly in
                                    accordance with law, keeping in mind the directions issued in the
                                    aforesaid Government Order, 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 two months from
                                    the date of production of certified copy of this order, if there is no legal
                                    impediment.



                                                                                (Mrs. Manju Rani Chauhan,J.)
                                    September 8, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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