Allahabad High Court

MAHBOOB ALIversusSTATE OF U.P. AND 4 OTHERS

Decided: 17 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The Court quashed the order dated 20‑Jan‑2026 and allowed the writ petition, directing the Basic Shiksha Adhikari to consider any fresh representation and decide the salary claim in accordance with law.

Summary

The petitioner, Mahboob Ali, an In‑charge Headmaster, filed a writ petition seeking quash of a Government order dated 14‑Oct‑2025 and an order dated 20‑Jan‑2026 passed by the Basic Shiksha Adhikari, District Muzaffarnagar, and a mandamus directing payment of his salary and arrears. He contended that a later Government order dated 16‑Jul‑2026 entitled him to salary and arrears, and that his representation before the competent authority remained pending. The respondents argued that a fresh representation could be filed and decided according to law. The Court examined whether the impugned order of 20‑Jan‑2026 was legally valid and whether the petitioner’s entitlement to salary could be enforced. It quashed the order of 20‑Jan‑2026, remitted the matter to the Basic Shiksha Adhikari with a direction to consider any fresh representation within three weeks and decide within two months, and allowed the writ petition.

Issues considered

Whether the order dated 20‑Jan‑2026 passed by the Basic Shiksha Adhikari is liable to be quashed.
Whether the petitioner is entitled to salary and arrears under the Government order dated 16‑Jul‑2026.
Whether a mandamus can be issued directing the respondent to release the petitioner’s salary and arrears.

Subjects

salary entitlement
headmaster
government order
certiorari
mandamus
administrative law
basic shiksha adhikari
arrears of salary

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15012 of 2026

Mahboob Ali
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Anurag Shukla
Counsel for Respondent(s) : Ashutosh Kumar Mishra, C.S.C.

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

1. Heard learned counsel for the petitioner, Mr. Ashutosh Kumar Mishra,
learned counsel for respondent nos.3 to 5 as well as learned Standing
Counsel for the State-respondents.

2. The present writ petition has been filed with the following prayers:

"1. Issue a writ, order or direction in the nature of certiorari to quash the impugned
Government order dated 14.10.2025 only to the extent of its Paragraph No. 4 read
with Government order dated 16.07.2026 issued by the Additional Chief Secretary,
Government of Uttar Pradesh (Respondent No. 1) (Annexure No. 1 to the writ
petition) forthwith.
II. Issue a writ, order or direction in the nature of certiorari to quash the impugned
order dated 20.01.2026 passed by the Basic Shiksha Adhikari, District Muzaffarnagar
(Respondent No. 5) (Annexure No. 2 to the writ petition) forthwith.
III. Issue a writ, order or direction in the nature of mandamus commanding the Basic
Shiksha Adhikari, District Muzaffarnagar (Respondent No. 5) to take necessary steps
to release salary admissible to the post of Head Master in favour of the Petitioner and
to pay arrears since the date Petitioner has been working as In-charge Head Master in
the institution, within a specific period as may be directed by this Hon'ble Court.
..........."

3. Learned counsel for the petitioner submits that the petitioner is 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 petitioner is entitled to salary as well as arrears of salary.
WRIA No. 15012 of 2026
2

It is further submitted that the petitioner has submitted representation
before the competent authority for redressal of his grievance, but no
decision has been taken thereon till date. Therefore, a direction may be
issued to the respondent no.5/Basic Shiksha Adhikari, District-
Muzaffarnagar to decide the same.

4. Learned counsel for respondent nos.3 to 5 submits that in case
petitioner moves a fresh representation before the competent authority,
the same shall be considered and decided in accordance with law.

5. Having considered the submissions of learned counsel for the parties,
the impugned order dated 20.01.2026, passed by respondent no.5/Basic
Shiksha Adhikari, District-Muzaffarnagar, is hereby quashed. The matter
is remitted back to respondent no.5/Basic Shiksha Adhikari, District-
Muzaffarnagar, with a direction that, in case the petitioner submits a fresh
application/representation, ventilating all his grievances, supported by
such documents as may be advised, before him/her, 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.

6. In view of aforesaid, the writ petition stands allowed accordingly.

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

Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…