Allahabad High Court

RAJ KUMAR YADAV AND 11 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided: 17 September 2026
Bench: MANJU RANI CHAUHAN

Holding

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

Summary

The petitioners, twelve teachers serving as In‑charge Headmasters in primary/composite schools, filed a writ petition seeking direction for the payment of Headmaster salary and arrears, relying on a Government Order dated 16‑07‑2026. They alleged that despite several representations to the competent authority, no decision had been taken. The respondents argued that the petitioners should file fresh individual representations before the authority, which would then be considered according to law. The Court, without expressing an opinion on the merits, dismissed the writ and directed the petitioners to make fresh applications to the District Basic Education Officer within three weeks, attaching a certified copy of the order. The Court further instructed the officer to decide the representations within two months, issuing a reasoned order in accordance with the Government Order and applicable law.

Issues considered

Whether the petitioners are entitled to Headmaster salary and arrears under the Government Order dated 16‑07‑2026.
Whether the Court can directly direct payment of salary or must the petitioners first make fresh individual representations before the competent authority.

Subjects

salary
Headmaster
Government Order
writ petition
administrative law
education
Uttar Pradesh
representation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                      WRIT - A No. - 14959 of 2026

Raj Kumar Yadav And 11 Others
                                                        .....Petitioner(s)
                                 Versus

State Of U.P. And 4 Others
                                                      .....Respondent(s)

Counsel for Petitioner(s)        :   Nand Lal Yadav, Prem Chandra
Counsel for Respondent(s)        :   C.S.C., Shashi Prakash Singh

Court No. - 52
             HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioners, Mr. Ashish Kumar
Nagvanshi, Advocate, holding brief of Mr. Shashi Prakash Singh,
learned Counsel for the respondent-BSA and learned Standing
Counsel for the State-respondents.

The writ petition has been filed with a prayer to direct respondent-
authorities to pay salary of Headmaster to the petitioners since they
are performing the duties of Incharge Headmaster for more than 5
years in the Primary Schools/Composite Schools and further be
pleased to direct the respondent no.4 to decide the representations of
the petitioners, within a stipulated period.

Learned counsel for the petitioners submits that the petitioners, who
are 12 in number, are working as In-charge Headmasters. 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 the 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-authorities to decide the same.

Learned counsel for the respondents submits that in case petitioners
move fresh, representations, individually, before the competent
authority, the same shall be considered and decided in accordance
with law.
                                                                                        WRIA No. 14959 of 2026
                                                                 2


                                    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 Azamgarh, 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.


                                                                            (Mrs. Manju Rani Chauhan,J.)
                                    September 18, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad

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