Allahabad High Court
SANJAY KUMAR AND 116 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The impugned order dated 05.01.2026 is quashed and the matter is remitted to the District Basic Education Officer for fresh consideration in accordance with the Government Order.
Summary
The petitioners, a group of 117 teachers serving as In‑charge Headmasters/Headmistresses, filed a writ petition seeking quashing of an order dated 05.01.2026 issued by the District Basic Education Officer, Sonbhadra, and mandamus directing payment of salary and arrears pursuant to a Government Order dated 16.07.2026. They contended that the Government Order entitled them to salary and arrears and that the impugned order unlawfully denied these rights. The respondents argued that any fresh representation by the petitioners should be considered by the competent authority in accordance with law. The High Court examined the submissions and held that the order dated 05.01.2026 was illegal and therefore quashed it. The matter was remitted to the District Basic Education Officer with directions to consider fresh individual applications within three weeks and decide them within two months, ensuring a reasoned order and proper hearing. Consequently, the writ petition was allowed.
Issues considered
- Whether the order dated 05.01.2026 passed by the District Basic Education Officer is liable to be set aside.
- Whether the petitioners are entitled to salary and arrears of salary under the Government Order dated 16.07.2026.
- Whether a writ of mandamus can be issued directing the respondent authorities to pay the claimed salary and arrears.
Subjects
- salary
- arrears
- headmaster
- mandamus
- certiorari
- government order
- education
- public service
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14878 of 2026
Sanjay Kumar And 116 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamal Kumar Kesherwani
Counsel for Respondent(s) : C.S.C., Ratan Deep Mishra
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Kamal Kumar Kesherwani, learned counsel for the petitioners,
learned Standing Counsel for the State-respondent, Mr. Ratan Deep Mishra,
learned counsel for the respondent-BSA and perused the record.
The present writ petition has been filed inter-alia for the following reliefs:-
"a) Issue a writ or order in the nature of Certiorari for quashing the impugned order dated 05.01.2026
passed by Respondent no.3- District Basic Education Officer, Sonbhadra in respect of petitioners only
(Annexure No.1 to the writ petition)
b) 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 Headmaster/Headmistress and to pay arrears
since they are working as In-charge Headmaster/Headmistress within stipulated period so fixed by this
Hon'ble Court.
c) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent
Authorities to pay arrears of salary to the post of headmaster/headmistress to petitioner no. 2, 13, 38, 53,
85, 87, 105, 109 & 121 during the period they have worked as headmaster/headmistress with stipluted
period so fixed by this Hon'ble court.
d) Issue, any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts
and circumstances of the case to which the petitioner may found entitle in law.
e) Allow this writ petition and award the cost of the petition in favor of the petitioners."
Learned counsel for the petitioners submits that the petitioners, who are 117
in number, are working as In-charge Headmaster/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. 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 a
WRIA No. 14878 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
impugned order dated 05.01.2026, passed by respondent no.3, is hereby
quashed. The matter is remitted back to respondent no.3- District Basic
Education Officer, District Sonbhadra, with a direction that, in case the
petitioners submit fresh application/representation, individually, ventilating
all their grievances, supported by such documents as may be advised, before
them, 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 17, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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