Allahabad High Court
RAVINDRA KUMAR MAURYA AND 35 OTHERSversusUNION OF INDIA AND 15 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that the petitioners must first make fresh individual representations to the appropriate authorities, who must then decide the matter in accordance with law, and therefore the writ petition was disposed without ordering regularization.
Summary
The petitioners, 36 contractual watchmen, cooks and peons employed in Kasturba Gandhi Residential Girls Schools across Uttar Pradesh, sought a mandamus directing their regularization, payment of basic salary, and inclusion in welfare schemes. They relied on a recent Lucknow Bench judgment that ordered regularization of contractual teachers. The respondents argued that the precedent was limited to teachers and offered no objection to the petitioners filing fresh individual representations. The High Court, without expressing an opinion on the merits, dismissed the writ and directed the petitioners to submit fresh representations to the Deputy Secretary, Ministry of Education, and the Additional Chief Secretary, Department of Basic Education, within three weeks. The respondents were instructed to consider these representations and issue a reasoned order within three months, provided there is no legal impediment.
Issues considered
- Whether contractual watchmen, cooks and peons are entitled to regularization and benefits similar to those granted to contractual teachers.
- Whether the court can issue a mandamus directing regularization and payment of salary to the petitioners.
- Whether the precedent of regularization of teachers is applicable to other categories of contractual employees.
- Whether the petitioners must first file fresh individual representations before the authorities can consider their grievance.
Subjects
- regularization
- contractual employees
- mandamus
- government welfare scheme
- representation
- school education
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15302 of 2026
Ravindra Kumar Maurya And 35 Others
.....Petitioner(s)
Versus
Union Of India And 15 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Chaube
Counsel for Respondent(s) : A.S.G.I., C.S.C., Shiv Kumar Pal,
Shivendra Kumar Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, Mr. Shiv Kumar Pal, learned
counsel for respondent nos.1 and 2, learned Standing Counsel for the
State-respondent nos.3, 4, 6, 7 to 15 as well as Mr. Shivendra Kumar
Singh, learned counsel for respondent no.16.
2. The instant writ petition has been filed with the following prayers:
"(1) Issue a writ, order or direction in the nature of mandamus commanding the
Respondents to consider the regularization of the services of the petitioners with all
consequential benefits.
(ii) Issue a writ, order or direction in the nature of mandamus directing the
Respondents to make the payment of minimum basic salary as to that of class iv
regular employee.
(iii) Issue a writ, order or direction in the nature of mandamus directing the
Respondents to also provide the welfare scheme for cashless medical treatment to the
Petitioners and their family dependents as provided to other regular government
employees and contractual, employees.
(iv) Issue a writ, order or direction in the nature of mandamus directing the
Respondents to consider and decide the representation dated 21.08.2026/24.08.2026
submitted by the Petitioners before them within some stipulated time frame as fixed
by this Hon'ble Court (Annexure No.12 to this writ petition).
(v) Issue a writ, any other writ, order or direction as this Hon'ble Court may deem fit
and proper in the nature and circumstances of the case in the interest of justice.
(vi) Award cost of the Writ Petition to the Petitioners."
WRIA No. 15302 of 2026
2
3. Learned counsel for the petitioners submits that the petitioners who are
36 in number are working as Watchman, Head Cook, Assistant Cook and
Peon in different institutions run under the name of Kasturba Gandhi
Residential Girls Schools in different districts of Uttar Pradesh. He further
submits that all the petitioners have worked on their respective posts on
contractual basis for more than nearly 15 years but their regularization is
not being considered. Learned counsel for the petitioners has placed
reliance upon an order passed by Lucknow Bench of this Hon'ble Court
wherein, with respect to Teachers working on contractual basis whose
renewal of contact was refused, had approached this Court by means of
filing Writ-A No.7335 of 2026 (Smt. Archana Boodh vs. State Of U.P.
Thru. Addl. Chief Secy./Prin. Secy. Basic Edu. Lko. And 3 Others),
the issue of regularization of such Teachers is involved. The judgment has
been reserved on 17.09.2026, therefore, the matter may be posted after the
final order is passed in the aforesaid writ petition. He further submits that
the Central Government as well as the State Government has introduced
several schemes in respect of regular employees and contractual
employees, including Shiksha Mitras, Anudeshaks and employees of
Kasturba Gandhi Residential Girls Schools (Teachers, Warden and
Accountant) except the IVth Class Employee i.e. the Peon, Watchman and
Cook. Thus, a representation has been moved before respondent nos.2 and
3 to look into the grievance of the petitioners for regularization on their
respective posts but nothing has been done till date, therefore, a direction
may be issued to the concerned respondents to look into the grievance of
the petitioners and pass appropriate orders, in accordance with law.
4. Learned counsel for respondent nos. 1 and 2 as well as learned
Standing Counsel for the State-respondents submit that the case of Smt.
Archana Boodh (supra) is with respect to regularization of teachers,
therefore, benefit of the same cannot be extended to the petitioners herein,
however, they have no objection, in case, fresh representations are moved
by the petitioners individually before the authorities concerned for
redressal of their grievance and the same shall be considered in
accordance with law.
5. Considering the facts and circumstance of the case but without
expressing any opinion on the merits of the case set up on behalf of the
WRIA No. 15302 of 2026
3
petitioners, the present writ petition is disposed of by providing that
petitioners may make fresh representations, individually, ventilating all
their grievances, supported by all such documents, as may be advised,
before the respondent no.2-Deputy Secretary, Ministry of Education
Department of School Education and Literacy, Government of India and
respondent no.3-Additional Chief Secretary, Department of Basic
Education, U.P., within three weeks from today along with a certified
copy of this order. On such representation being made, respondent nos.2
and 3 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 three months
from the date of production of certified copy of this order, if there is no
legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 23, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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