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Allahabad High Court

NEHA SINGH AND 90 OTHERSversusSTATE OF U.P. AND 8 OTHERS

Decided

Holding

The writ petition is dismissed, with a direction that the competent authority examine each petitioner’s individual claim and pass a reasoned order.

Summary

The petitioners, a group of 91 basic education employees, filed a writ petition seeking the quashing of a communication dated 18‑11‑2025 issued by the Finance Controller and an order dated 21‑11‑2025 issued by the Director of Education, and prayed for the re‑fixation of their salaries with the first increment as of 01‑01‑2017, payment of regular salary and arrears with interest. The Court observed that the matter had already been decided in Writ A No. 481 of 2026 (Seema Ray et al. vs. State of U.P. et al.). Accordingly, the petition was dismissed, but the Court directed the competent authority to consider each petitioner’s individual representation, examine their claims under the relevant statutory provisions and Government Orders, and pass a reasoned order within six weeks of receiving the representations.

Issues considered

  • What is the validity of the communication dated 18‑11‑2025 and the order dated 21‑11‑2025 concerning salary fixation for the petitioners?
  • Are the petitioners entitled to the first salary increment as of 01‑01‑2017 and the consequent arrears?
  • Whether the petitioners’ collective claim can be decided without individual consideration of their dates of appointment and joining?

Subjects

  • salary increment
  • arrears of salary
  • writ of certiorari
  • government employees
  • basic education
  • administrative law

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 14013 of 2026

Neha Singh And 90 Others
                                                                         .....Petitioner(s)
                                         Versus

State Of U.P. And 8 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)            : Rajesh Kumar Verma
Counsel for Respondent(s)            : Ashok Kumar Singh, C.S.C., Shivendra
                                       Kumar Singh, Shivendra Singh
                                       Bhadauria

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

1. Heard learned counsel for the petitioners, learned counsels for the
respective BSAs and learned Standing Counsel for the State-
respondents, and perused the record.

2. The petitioners, who are 91 in number, have preferred the present
petition with the following prayers:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the
communication dated 18.11.2025 issued by the Finance Controller, Board of Basic
Education, U.P., Prayagraj, and the order dated 21.11.2025 issued by the Director of
Education (Basic), UP, Lucknow.

(ii) Issue a writ, order or direction of suitable nature commanding the respondents to
refix the salary of the petitioners by according 1st increment as on 01.01.2017 and to
re-fix the salary thereafter within the period to be specified by this Hon'ble Court.

(iii) Issue a writ, order or direction of suitable nature commanding the respondents to
disburse the petitioners their regular monthly salary every month as re-fixed in
accordance with the preceding paragraph

(iv) Issue a writ, order or direction of a suitable nature commanding the respondent to
compute the entire arrears of salary arising in favour of the petitioners on account of
such re-fixation and to disburse the same within a period to be specified by this
Hon'ble court along with interest so specified by this Hon'ble court."
                                                                                        WRIA No. 14013 of 2026
                                                                 2


                                    3. The issue in question has already been decided by this Court in a
                                    bunch of petitions leading being Writ A No.481 of 2026 (Seema Ray
                                    and 3 Others vs. State of U.P. and 5 Others).

                                    4. Accordingly, the writ petition is disposed of with a direction to
                                    the competent authority to consider and decide the individual
                                    representations, if any, submitted by the petitioners, specifically
                                    indicating their respective dates of appointment, dates of joining, and
                                    the circumstances in which they could not join on the first day of the
                                    relevant month. Upon receipt of such representations, the competent
                                    authority shall examine the claim of each petitioner in the light of the
                                    statutory provisions, the applicable Government Orders and the
                                    observations made herein above, and shall pass a reasoned and
                                    speaking order, dealing with the individual claim of each petitioner,
                                    within a period of six weeks from the date of receipt of such
                                    representation.


                                                                            (Mrs. Manju Rani Chauhan,J.)
                                    September 8, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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