Allahabad High Court
SANDEEP KUMAR NAYAK AND 162 OTHERSversusSTATE OF UP AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioners must file fresh individual representations before the District Basic Education Officer, who must decide them within two months, and therefore did not grant the writ of mandamus.
Summary
The petitioners, 163 In-charge Headmasters/Headmistresses, filed a writ seeking a mandamus directing the respondents to pay their salaries and arrears pursuant to a Government Order dated 16.07.2026 and to decide pending representations. They also invoked a prior judgment (Tripurari Dubey v. State of U.P., Writ‑A No. 18228 of 2022) to support their claim. The respondents argued that fresh representations should be filed and considered according to law. The Court, without expressing a view on the merits, dismissed the petition and ordered the petitioners to make individual fresh applications to the District Basic Education Officer within three weeks, with a decision to be rendered within two months. The order emphasizes compliance with the Government Order and the need for a reasoned hearing, but does not grant the relief of mandamus.
Issues considered
- Whether the respondents are liable to pay salary and arrears to the petitioners as In‑charge Headmasters under the Government Order dated 16.07.2026.
- Whether a mandamus can be issued directing the respondents to decide the petitioners' pending representations, in view of the earlier judgment in Tripurari Dubey v. State of U.P.
- Whether the petitioners must file fresh representations before the District Basic Education Officer for adjudication.
Subjects
- salary
- mandamus
- government order
- education
- headmaster
- writ petition
- representation
- arrears
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14877 of 2026
Sandeep Kumar Nayak And 162 Others
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Gautam
Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Santosh Kumar Mishra and Mr. Vinod Kumar Gautam, learned
counsel for the petitioners, learned Standing Counsel for the State-
respondent, Mr. Ashish Kumar (Nagvanshi), 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 respondent
authorities to pay the salary to the petitioners for the post of In-charge-Headmaster of their concern school
and provide the arrears of salary for said posts and an admissible interest there on, in the interest of
Justice.
ii. Issue, a writ, order or direction in the nature 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 order dated 15.5.2024 passed by this Hon'ble Court in
Writ-A No. 18228 of 2022, Tripurari Dubey and another vs. State of U.P. and 4 others.
iii. Issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the
circumstances of the case.
iv. Allow writ petition with costs."
Learned counsel for the petitioners submits that the petitioners, who are 163
in number, are working as In-charge Headmasters/Headmistress. 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.4 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
WRIA No. 14877 of 2026
2
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, individually, ventilating all their
grievances, supported by such documents, as may be advised, before the
respondent no.4; District Basic Education Officer, District Gorakhpur,
within three weeks from today along with a certified copy of this order. On
such representation being made, respondent no.4 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.
September 17, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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