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Allahabad High Court

NARESH KUMAR BHATNAGAR AND 8 OTHERSversusSTATE OF UP AND ANOTHER

Decided

Holding

The petition is allowed and the petitioners are to be treated as regular Class‑IV employees from the date of their initial appointment, with entitlement to all salary arrears, increments and service benefits.

Summary

The petitioners, nine Class‑IV employees, filed a writ petition seeking regularisation of their appointments, payment of back wages, increments and other service benefits from the date of their initial joining. They relied on two earlier Allahabad High Court judgments—Charan Singh (2024) and Pradeep Kumar (2018)—which had regularised similar appointments. The respondents did not contest the facts or the applicability of those precedents. The Court examined the earlier decisions and held that the same legal principles applied, directing that the petitioners be treated as regular employees from the date of their initial appointment. Consequently, the Court ordered payment of arrears of salary with interest and directed the relevant education officer to consider any pending representation. The petition was allowed in accordance with the earlier case law.

Issues considered

  • Whether the petitioners should be treated as regular Class‑IV employees from the date of their initial appointment
  • Whether the petitioners are entitled to back wages, annual increments, and other service benefits with interest

Subjects

  • regular appointment
  • Class‑IV employee
  • back wages
  • mandamus
  • service regularisation
  • Allahabad High Court

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                  WRIT - A No. - 15032 of 2026

Naresh Kumar Bhatnagar And 8 Others
                                                                                    .....Petitioner(s)
                                                    Versus

State of U.P. and Another
                                                                                 .....Respondent(s)

Counsel for Petitioner(s)                              :     Kamal Kumar Kesherwani
Counsel for Respondent(s)                              :     C.S.C.

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

Heard learned counsel for the petitioners, learned standing counsel for
respondents and Sri Nagendra Kumar Pandey, learned counsel for the
respondent no.2.

Present petition has been filed with the following prayers:-

"a) Issue a writ, order or direction in the nature of Mandamus, commanding and directing the

Respondent Authorities to treat the appointment of the petitioners as regular appointment form the date

of their initial appointment/joining and to pay regular pay scale, annual increment and others service

benefit since the date of joining and to pay arrear of salary along with interest since then as possible at

earliest.

b) Issue a writ order or direction directing the Respondent no.2- District Basic Education Officer,

Amroha to consider and decide the representation of the petitioner within stipulated period as per fix by

this Hon'ble Court.

c) Issue a writ, order or direction as this Hon'ble Court may deem fit and proper under the

circumstances of the case.

d) Award the cost of Petition to the Petitioner."


Learned counsel for the petitioners submits that the controversy involved
in the present petition is squarely covered by the judgment of this Court
passed in Writ-A No. 19352 of 2024 (Charan Singh and 7 others vs.
State of U.P. and another), which was allowed vide order dated
6.12.2024 with a direction to treat the petitioner as regularly appointed
Class-IV employees against substantive posts from the date of their initial
appointment, considering the judgment of this Court in the case of
Pradeep Kumar and 6 others vs. State of U.P. and others, passed in
                                                                                         WRIA No. 15032 of 2026
                                                                  2


                                    Writ-A No. 6717 of 2018. He lastly submits that in light of such facts as
                                    well as law laid down by this Court in the aforesaid cases, this petition
                                    may also be allowed on the same terms and conditions.

                                    Learned counsel for the respondent no.2 as well as learned standing
                                    counsel could not disputed the aforesaid facts and fairly concede that the
                                    matter is squarely covered with the aforesaid judgments.

                                    The writ petition is accordingly allowed in terms of the law laid down by
                                    this Court in Charan Singh (supra) & Pradeep Kumar (supra) with the
                                    direction to treat the petitioners as regularly appointed Class-IV
                                    employees against the substantive post from the date of initial
                                    appointment as stated above.




                                                                             (Mrs. Manju Rani Chauhan,J.)
                                    September 30, 2026
                                    Jitendra/-




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

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