Allahabad High Court
ANIL KUMAR SRIVASTAVAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court dismissed the writ and directed the petitioner to make a fresh representation before the Basic Shiksha Adhikari, who must decide the matter within six weeks by a reasoned order.
Summary
The petitioner, Anil Kumar Srivastava, a government teacher appointed on 28‑12‑2005, filed a writ petition seeking mandatory payment of all legally admissible annual increments and arrears under the Sixth Pay Commission and applicable service rules. He alleged that after being initially posted to a non‑existent school, he was reassigned to another school but his increments were not granted. The respondents argued that any fresh representation by the petitioner should be considered in accordance with the relevant government order. The High Court, without expressing a view on the merits, dismissed the writ and directed the petitioner to file a fresh representation of his grievances before the Basic Shiksha Adhikari within three weeks, and the authority to decide the matter within six weeks by a reasoned order. The order emphasizes adherence to procedural requirements and the applicable government order.
Issues considered
- Whether the petitioner is entitled to the annual increments and arrears as per the Sixth Pay Commission and service rules.
- Whether a writ of mandamus can be issued directing payment of the increments.
- Whether the petitioner must first make a fresh representation before the competent authority before the court can intervene.
Subjects
- government service law
- annual increments
- Sixth Pay Commission
- mandamus
- representation
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15037 of 2026
Anil Kumar Srivastava
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sameer Srivastava, Shivanshu Mehta
Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, Mr. K. Shahi, learned counsel
for respondent-BSA as well as learned Standing Counsel for the State-
respondent.
2. The instant writ petition has been filed with the following prayers:
"I. Issue a writ, order or direction in the nature of Mandamus directing the
respondents to grant and pay all annual increments legally admissible to the petitioner
with consequential arrears, in accordance with the applicable service rules and the
recommendations of the Sixth Pay Commission, taking into consideration his initial
appointment dated 28.12.2005;
II. Issue a writ, order or direction in the nature of Mandamus directing the
respondents to re-fix the petitioner's pay and release all consequential monetary
benefits arising from the grant of the aforesaid increments, in accordance with law;
III. Issue a writ, order or direction in the nature of Mandamus commanding the
respondent authorities, particularly the competent authority, to consider and decide the
representation submitted by the petitioner, by passing a reasoned and speaking order,
within a time-bound period as may be fixed by this Hon'ble Court;
..............."
3. Learned counsel for the petitioner submits that the petitioner was
appointed as Assistant Teacher on 28.12.2005 and was allotted Prathmik
Vidyalaya, Gaunjara, Development Block, Koraon. He also contends that
when the petitioner went to join on 09.01.2006 at the said school, he came
WRIA No. 15037 of 2026
2
to know that no such institution is in existence, therefore, he moved an
application before the competent authority to allot him some other school.
He further submits that by order dated 31.01.2006, he was allotted
Prathmik Vidyalaya, Chandravat, Development Block Bahariya, where he
joined on 01.02.2006 but the increment of the petitioner is not being given
accordingly, therefore, a direction may be issued to respondent no.3-Basic
Shiksha Adhikari, Prayagraj to look into the grievance of the petitioner
and do the needful.
4. Mr. K. Shahi, learned counsel for respondent-BSA submits that in case
the petitioner moves a fresh representation before the competent
authority, the same shall be considered and decided in accordance with
law, keeping in mind the relevant government order.
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
petitioner, the present writ petition is disposed of by providing that the
petitioner may make a fresh representation, ventilating all his grievances,
supported by such documents, as may be advised, before the respondent
no.3-Basic Shiksha Adhikari, Prayagraj, 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, keeping in mind the relevant Government Order, 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 six weeks 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
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