Allahabad High Court
AKHIL KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court quashed the impugned order dated 09‑07‑2025 and remitted the matter to the District Basic Education Officer to consider a fresh application by the petitioner.
Summary
The petitioner, Akhil Kumar, an In‑charge Headmaster, filed a writ petition challenging an order dated 09‑07‑2025 issued by the District Basic Education Officer, Siddharth Nagar, seeking salary and arrears of salary as per a Government Order dated 16‑07‑2026. He prayed for a certiorari to quash the impugned order and a mandamus directing payment of the arrears. The respondents argued that the petitioner should file a fresh representation before the competent authority, which would then be decided according to law. The Court examined the petition and held that the order of 09‑07‑2025 was illegal and therefore quashed it. The matter was remitted to the District Basic Education Officer with a direction to consider any fresh application by the petitioner within three weeks and to decide it within two months, ensuring a reasoned order and proper hearing. Consequently, the writ petition was allowed.
Issues considered
- Whether the order dated 09‑07‑2025 passed by the District Basic Education Officer is liable to be quashed.
- Whether the petitioner is entitled to salary and arrears of salary under the Government Order dated 16‑07‑2026.
- Whether a writ of mandamus can be issued directing payment of the arrears of salary.
Subjects
- salary arrears
- government service
- writ of certiorari
- writ of mandamus
- public employment
- education officer
- judicial review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14001 of 2026
Akhil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nikhil Srivastava, Shashi Bhushan
Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent, Mr. Ram Bhuwan Singh, Advocate holding brief of
Mr. Ashok Kumar Singh, 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 calling for the records of the case and quash the
impugned order dated 09.07.2025, passed by the Respondent No.3- District Basic Education Officer,
District Siddharth Nagar (Annexure No.1 to the writ petition).
II. Issue a writ order or direction in the nature of mandamus directing the respondent authorities to pay
arrears of difference of salary to the petitioner on the post of Head Master, Junior Basic School since
22.08.2022, within stipulated period as may be fixed by this Hon'ble Court.
III. Issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper
under the facts and circumstances of the case.
IV. Award cost of the petition to the petitioner."
Learned counsel for the petitioner submits that the petitioner is working as
In-charge Headmaster. 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
petitioner is entitled to salary as well as arrears of salary. Therefore, a
direction may be issued to the respondent no.3 to decide the same.
Learned counsel for the respondents submits that in case petitioner move a
fresh representation before the competent authority, the same shall be
considered and decided in accordance with law.
Having considered the submissions of learned counsel for the parties, the
WRIA No. 14001 of 2026
2
impugned order dated 09.07.2025, passed by respondent no.3, is hereby
quashed. The matter is remitted back to respondent no.3- District Basic
Education Officer, District Siddharth Nagar, with a direction that, in case the
petitioner submit fresh application/representation, ventilating all his
grievances, supported by such documents as may be advised, before him/her,
within three weeks from today, along with a certified copy of this order, the
same shall be considered and decided, 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 the certified
copy of this order, if there is no legal impediment.
In view of aforesaid, the writ petition stands allowed accordingly.
September 8, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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