Allahabad High Court

PIYUSH MALVIYA AND 49 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 8 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The Court directed the petitioners to file fresh applications before the District Basic Education Officer and disposed of the writ petition.

Summary

The petitioners, fifty teachers serving as In‑charge Headmasters, filed a writ petition seeking a mandamus directing the respondents to pay them the salary and arrears due under a Government Order dated 16‑07‑2026. They alleged that despite several representations to the competent authority, no decision had been taken. The respondents contended that any fresh representation by the petitioners should be considered and decided in accordance with law. The Court held that the petitioners must file fresh, separate applications before the District Basic Education Officer, Varanasi, within three weeks, attaching requisite documents. The Court further directed that the applications be decided expeditiously, preferably within two months, and disposed of the writ petition without any order as to costs.

Issues considered

Whether the petitioners are entitled to salary and arrears as In‑charge Headmasters under the Government Order dated 16‑07‑2026.
Whether the High Court can issue a mandamus directing payment of the salary and arrears, or the petitioners must first file fresh representations before the competent authority.

Subjects

salary arrears
mandamus
government order
headmaster
public service
writ petition
education department

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                WRIT - A No. - 14255 of 2026

Piyush Malviya And 49 Others
                                                                                      .....Petitioner(s)
                                                 Versus
State Of U.P. And 2 Others
                                                                                    .....Respondent(s)

Counsel for Petitioner(s)                    : Arvind Kumar Yadav, Narendra Kumar
                                               Chaturvedi
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, learned 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 relief:-

"a) Issue a writ, order or direction in the nature of Mandamus directing to the to respondent authorities pay
the scale/salary to the petitioners for the post of Head Master and also to pay the arrears since they are
working as Incharge Head Master in their respective posting shools, so that justice may be done."

Learned counsel for the petitioners submits that the petitioners, who are 50
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 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
fresh representations 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.3 - District Basic Education Officer, Varanasi 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
                                                                                             WRIA No. 14255 of 2026
                                                                     2


                                    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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