MOHAMMAD IMRAN AND 32 OTHERSversusSTATE OF U.P. AND 3 OTHERS

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                             WRIT - A No. - 13990 of 2026

Mohammad Imran And 32 Others
                                                                     .....Petitioner(s)
                                          Versus

State Of U.P. And 3 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                  :   Vivek Kumar Tiwari
Counsel for Respondent(s)                  :   Akhilesh Kumar Sharma, 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. Bansh Gopal Mishra, Advocate holding brief of
Mr. Akhilesh Kumar Sharma, 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 Mandamus commanding and
directing the Respondents authority to pay the salary to the petitioners for the post of
Headmaster/Headmistress and in pay arrears since they are working Headmaster/In-
charge Headmistress within stipulated period so fixed by this Hon'ble Court.

(ii) Issue, a writ order or direction in the native of Mandamus Commanding and
directing the respondent authorities to take decision on the representation of
petitioners which is with regard to payment of salary for the post of Headmaster, in
light of judgment and urder dated 30.4.2025 passed by this Hon'ble Court in Special
Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 others vs.
Tripurari Dubey and 3 others).
(iii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.
(iv) Award the cost of this writ petition to the petitioners."

Learned counsel for the petitioners submits that the petitioners, who are
33 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
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                                    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.3 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, ventilating all
                                    their grievances, supported by such documents, as may be advised, before
                                    the respondent no.4; District Basic Education Officer, District- Varanasi,
                                    within three weeks from today along with a certified copy of this order.
                                    On such representation being made, respondent no.3 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