Allahabad High Court

ANJANA GUPTA AND 12 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 22 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The Court held that the petitioners must make fresh representations before the Basic Education Officer, and therefore did not grant the writ of mandamus for payment of salary.

Summary

The petitioners, thirteen in-charge headmasters, filed a writ petition seeking a mandamus directing the State to pay them the salary and benefits of a headmaster, relying on a Government Order dated 16‑07‑2026. They claimed they had made several representations to the competent authority without any decision. The respondents argued that the petitioners should make fresh representations before the authority, which would then decide the matter according to law. The Court, without expressing any view on the merits, dismissed the writ and directed the petitioners to file fresh individual applications before the Basic Education Officer, District Kanpur Dehat, within three weeks, and the officer to decide within two months. The order emphasized that the decision must be reasoned, follow the Government Order, and provide a hearing to the parties.

Issues considered

Whether the petitioners are entitled to headmaster salary and benefits under the Government Order and can be compelled to receive them by a writ of mandamus.
Whether the High Court can directly direct payment of salary or must the petitioners first approach the competent authority for fresh representation.

Subjects

salary
headmaster
mandamus
government order
writ petition
administrative law
public service
employment benefits

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                   WRIT - A No. - 15397 of 2026

Anjana Gupta And 12 Others
                                                                                      .....Petitioner(s)
                                                   Versus

State Of U.P. And 2 Others
                                                                                   .....Respondent(s)

Counsel for Petitioner(s)                      : Chandra Bhushan Yadav, Veerendra
                                                 Kumar Yadav
Counsel for Respondent(s)                      : Ajeet Singh, C.S.C.

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

Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Ajeet Singh, learned counsel for the respondent-
BSA and perused the record.

The present writ petition has been filed inter-alia for the following
reliefs:-

"i) to issue a writ, order or direction in the nature of Mandamus directing the respondents to pay the salary

of Headmaster as they are performing the duties of Headmaster, with all the consequential benefits as they

are performing the duty of headmaster.

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

circumstances of the case.

iii) Award the cost of the writ petition in favour of the petitioners"


Learned counsel for the petitioners submits that the petitioners, who are
13 in number, are working as In-charge Headmasters. 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 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.3 to
decide the same.

Learned counsel for the respondents submits that in case petitioners move
a fresh representations before the competent authority, the same shall be
                                                                                           WRIA No. 15397 of 2026
                                                                   2


                                    considered and decided in accordance with law.

                                    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 application/representations, individually,
                                    ventilating all their grievances, supported by such documents, as may be
                                    advised, before the respondent no.3; Basic Education Officer, District
                                    Kanpur Dehat, 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, 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 certified copy of this order, if there is no legal
                                    impediment.



                                                                               (Mrs. Manju Rani Chauhan,J.)
                                    September 23, 2026
                                    Jitendra/-




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

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