Allahabad High Court
MAN SINGH AND 20 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court directed the petitioners to file fresh representations before the District Basic Education Officer, which will decide the matter in accordance with law, and disposed of the writ petition without granting mandamus.
Summary
The petitioners, 21 teachers serving as officiating Headmasters in junior high and primary schools, sought a mandamus directing the State to fix and pay them the salary of regular Headmasters under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, and to decide a series of pending representations dated August 2026. They also invoked a prior judgment dated 30‑04‑2025 ordering payment of salary with interest. The respondents argued that any fresh representation must be considered afresh in accordance with law. The Court held that the petitioners must file fresh, separate applications before the District Basic Education Officer, supported by necessary documents, and that the authority will decide them within two months, if no legal impediment exists. Consequently, the writ petition was disposed without granting the requested mandamus.
Issues considered
- Whether the petitioners are entitled to the salary and arrears of a regular Headmaster under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981.
- Whether the State is obligated to decide the pending representations dated various days in August 2026.
- Whether a writ of mandamus can be issued directing payment of salary and interest pursuant to the earlier judgment of 30‑04‑2025.
Subjects
- salary
- headmaster
- mandamus
- representation
- Uttar Pradesh Basic Education
- service rules
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14247 of 2026
Man Singh And 20 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Poojan Yadav
Counsel for Respondent(s) : Ashish Kumar Singh, 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 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 Mandamus directing the respondent to fix and pay salary
to petitioners as per salary of regular Headmaster in higher grade/matrix since petitioners are working as
officiating Headmaster in the Junior High School as well as Primary School and performing same duties
as assigned to regular Headmaster of the Junior High School and Primary School as per the provision of
the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981.
II. issue a writ, order or direction in the nature of mandamus directing the respondents to take decision on
the representation dated 18.08.2026, 12.08.2026, 18.08.2026, 18.08.2026, 18.08.2026, 11.08.2026,
13.08.2026, 19.08.2026, 12.08.2026, 18.08.2026, 18.08.2026, 18.08.2026, 18.08.2026, 18.08.2026,
20.08.2026, 18.08.2026, 18.08.2026, 22.08.2026, 25.08.2026, 22.08.2026 & 21.08.2026 moved by
petitioners to consider and decide the same.
III. Issue a writ, order or direction, in the nature of Mandamus directing the respondent authorities to pay
the salary along with the interest of the headmaster/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 Special Appeal No. 652/2024 (Secretary others Vs. Basic Education Board and 2 Tripurari Dubey
and 3 others) within stipulated period."
Learned counsel for the petitioners submits that the petitioners, who are 21
in number, are 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 petitioners are entitled to salary as well as
arrears of salary. It is further submitted that the petitioners have submitted
several representation 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
WRIA No. 14247 of 2026
2
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
writ petition is being disposed of with a direction that, in case the petitioners
submit fresh applications/representations, separately, ventilating their
grievances, supported by such documents as may be advised, before the
respondent no.4 - District Basic Education Officer, Agra 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 is accordingly disposed of.
No order as to costs.
September 9, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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