Allahabad High Court
NITESH KUMAR SINGH AND 27 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioners must make fresh individual representations and the respondent must decide them within two months, without ordering immediate payment of salary.
Summary
The petitioners, 28 in‑charge headmasters, filed a writ seeking mandamus directing the District Basic Education Officer, Hathras, to consider their representations and to order payment of their salaries and arrears pursuant to a Government Order dated 16‑07‑2026 and a prior judgment in Special Appeal No. 652/2024. They alleged that despite multiple representations, no decision had been taken. The respondents argued that fresh representations could be filed and decided according to law. The Court, without adjudicating the merits of the salary claim, directed the petitioners to file fresh individual applications within three weeks and ordered the respondent to decide them within two months, issuing a reasoned order after hearing. No immediate mandamus for salary payment was granted.
Issues considered
- Whether the District Basic Education Officer is obligated to consider the petitioners' representations within a stipulated period as directed by the Court.
- Whether the petitioners are entitled to salary and arrears under the Government Order dated 16‑07‑2026.
- Whether a writ of mandamus can be issued to compel payment of the headmasters' salaries.
- Whether the petitioners must file fresh representations before the competent authority.
Subjects
- Mandamus
- Salary entitlement
- In‑charge Headmaster
- Government Order
- Representation
- High Court writ petition
- District Basic Education Officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13988 of 2026
Nitesh Kumar Singh And 27 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Parth Sharma
Counsel for Respondent(s) : C.S.C., Gaurav Bishan
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Shiv Shankar Pandey, Advocate holding brief
of Mr. Gaurav Bishan, learned counsel for the respondent-BSA and
perused the record.
The present writ petition has been filed inter-alia for the following
reliefs:-
" a. Issue a writ, order or direction, in the nature of Mandamus commanding and directing the respondent
No.4/District Basic Education Officer District Hathras to consider the representation of the petitioners
within stipulated period as per fixed by this Hon'ble Court.
b. Issue a writ, order or direction, in the nature of Mandamus directing the respondent authorities to pay
the salary of the head master/head mistress as they are performing the duties of head master/head mistress
their respective schools in pursuant to the judgement and order dated 30.04.2025 passed in Special Appeal
No. 652/2024 (Secretary Basic Education Board and 2 others Vs. Tripurari Dubey and stipulated period. 3
others) within stipulated period.
c. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the
facts and circumstances of the case.
d. Award costs of the writ petition in favour of the Petitioner."
Learned counsel for the petitioners submits that the petitioners, who are
28 in number, are working as In-charge Headmasters. In view of the
Government Order dated 16.07.2026, (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
WRIA No. 13988 of 2026
2
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.4 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.4; District Basic Education Officer,
District Hathras, within three weeks from today along with a certified
copy of this order. On such representation being made, respondent no.4
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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