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Allahabad High Court

RAGINI JAISWAL AND 50 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the petitioners must first make fresh representations before the District Basic Education Officer, who shall decide the matter in accordance with law.

Summary

The petitioners, 51 teachers serving as In‑charge Headmasters/Headmistresses, filed a writ petition seeking a mandamus directing the State and the District Basic Education Officer to pay them salary and arrears of salary pursuant to a Government Order dated 16‑07‑2026. They alleged that despite multiple representations, no decision had been taken on their entitlement. The respondents contended that any fresh representation should be considered in accordance with law. The Court, without adjudicating the merits, directed the petitioners to file fresh individual applications before the District Basic Education Officer within three weeks, accompanied by a certified copy of the order. The Court further instructed the officer to decide the applications expeditiously, within two months, and to issue a reasoned order, keeping the Government Order in mind.

Issues considered

  • Whether the petitioners are entitled to salary and arrears of salary as In‑charge Headmasters under the Government Order dated 16‑07‑2026.
  • Whether a writ of mandamus can be issued directing the respondents to pay the claimed salary and arrears.

Subjects

  • salary
  • arrears
  • mandamus
  • government order
  • education
  • public service
  • writ petition
  • basic education officer

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                   WRIT - A No. - 14893 of 2026

Ragini Jaiswal And 50 Others
                                                                                     .....Petitioner(s)
                                                    Versus

State Of U.P. And 2 Others
                                                                                  .....Respondent(s)

Counsel for Petitioner(s)                      : Ashish Pandey, Man Bahadur Singh,
                                                 Shivendra Pratap Singh
Counsel for Respondent(s)                      : Ashish Kumar (Nagvanshi), 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 (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 the respondents to pay the

salary to the petitioners to the post of Head Master of Upper School/Primary Primary Schools/Composite

Schools as shown against their names with effect from the date, the petitioners are appointed as Incharge

Head Master or functioned as Incharge Head Master as shown against their names in the consolidated

tabulation with all consequential benefits, within a stipulated period as may be specified by this Hon'ble

Court.


ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the

arrears of salary to the petitioners from the date they are discharging the duties of Head Master with

admissible interest, within stipulated period as may be specified by this Hon'ble Court.

iii. Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the

circumstances of the case.

iv. To award the costs of the petition to the petitioner."


Learned counsel for the petitioners submits that the petitioners, who are
51 in number, are working as In-charge Headmasters/Headmistress. In
view of the Government Order dated 16.07.2026, a copy whereof has
been annexed at Page 76 of the writ petition (the date of the G.O. has
                                                                                           WRIA No. 14893 of 2026
                                                                   2


                                    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
                                    a fresh representations before the competent authority, the same shall be
                                    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.3; 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.3
                                    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.



                                                                               (Mrs. Manju Rani Chauhan,J.)
                                    September 17, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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