Allahabad High Court

HIMANSHU DWIVEDI AND 25 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 17 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The petition was dismissed without prejudice, directing petitioners to file fresh representations and ordering the District Basic Education Officer to decide them expeditiously.

Summary

The petitioners, 26 teachers serving as In‑charge Headmasters/Headmistresses, filed a writ petition seeking a mandamus directing the State to pay their salaries and arrears under a Government Order dated 16‑07‑2026, and to compel the District Basic Education Officer to decide pending representations. They alleged that despite multiple representations to the competent authority, no decision had been taken. The respondents argued that fresh representations could still be filed and would be considered in accordance with law. The Court, without expressing any view on the merits, dismissed the petition and ordered the petitioners to make fresh, fully documented representations within three weeks. It further directed the District Basic Education Officer to hear and decide those representations by a reasoned order within two months, subject to no legal impediment. Thus, the petition was disposed of, leaving the substantive salary claim to be adjudicated by the administrative authority.

Issues considered

Whether the petitioners are entitled to salary and arrears as In‑charge Headmasters under the Government Order dated 16‑07‑2026.
Whether the High Court can issue a mandamus directing payment of salary and arrears.
Whether the District Basic Education Officer must decide the pending representations within a stipulated time.

Subjects

salary
government order
mandamus
public service
administrative law
representation
headmaster
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15028 of 2026

Himanshu Dwivedi And 25 Others
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Aditya Prakash, Sanju Singh
Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C.

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

1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State-respondents as well as Mr. Ram Bhawan Singh, learned
Advocate holding brief of Mr. Ashok Kumar Singh, learned counsel for
respondent nos.3 and 4.

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

"i. Issue a writ, order or direction in the nature of Mandamus commanding or directing
the Respondent authorities to pay the salary to the petitioners for the post of
Headmaster and to pay arrears since they are working as in charge Headmaster within
stipulated period of time so fixed by this Hon'ble Court.
ii. Issue a writ, order or direction in the nature of Mandamus commanding and
directing to Opposite Party No-4 The District Basic Education Officer, Siddharth
Nagar to consider and decide the representations of petitioners, contained as Annexure
No. 02 (collectively) to this writ petition, within stipulated period of time, as fix by
this Hon'ble Court.
iii. Issue any other writ, order direction which this Hon'ble court may deem fit and
proper also kindly be passed in the favor of the petitioners."

3. Learned counsel for the petitioners submits that the petitioners, who are
26 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. It is further submitted that the
petitioners have submitted several representations before the competent
WRIA No. 15028 of 2026
2

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/District Basic Education Officer, Siddharth Nagar to decide the
same.

4. Learned counsel for the respondent nos.3 and 4 submits that in case the
petitioners move fresh representations before the competent authority, the
same shall be considered and decided, in accordance with law.

5. 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 representations, ventilating all their
grievances, supported by all such documents, as may be advised, before
the respondent no.4/District Basic Education Officer, Siddharth Nagar,
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, 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
K.N.

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

Continue reading with your account

Checking your session…