Allahabad High Court
SHAKTI DIXIT AND 9 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court dismissed the writ petition and directed the petitioners to make fresh representations, leaving the salary and arrears issues to be decided by the competent authority.
Summary
The petitioners, ten teachers serving as In‑charge Headmasters in a U.P. Basic Education Board school, filed a writ petition seeking quashing of a Government Order dated 14‑10‑2025 and mandamus directing payment of salary and arrears. They claimed entitlement to full salary under a later Government Order dated 16‑07‑2026 and alleged that their multiple representations to the competent authority remained unanswered. The respondents argued that any fresh representation should be considered in accordance with law. The High Court, after hearing counsel, declined to interfere with the Government Order or grant mandamus, and instead directed the petitioners to file fresh individual representations before the District Basic Education Officer within three weeks, with a mandate to decide the matters within two months. The court emphasized that the authority must issue a reasoned order after giving a hearing, but did not grant the reliefs sought.
Issues considered
- Whether the Government Order dated 14/10/2025 can be quashed by certiorari.
- Whether the petitioners are entitled to salary and arrears as In‑charge Headmasters under the later Government Order dated 16/07/2026.
- Whether the court can issue mandamus directing payment of salary and consideration of pending representations.
Subjects
- salary
- arrears
- headmaster
- government order
- certiorari
- mandamus
- representation
- Uttar Pradesh
- Basic Education Board
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15400 of 2026
Shakti Dixit And 9 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Madan Ji Pandey
Counsel for Respondent(s) : C.S.C., Pranesh Dutt Tripathi
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Pranesh Dutt Tripathi, learned counsel for the
respondent-BSA and perused the record.
The present writ petition has been filed inter-alia for the following
reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned Government Order
dated 14/10/2025 issued by the respondent no.-1 (Additional Chief Secretary, Government of U.P. at
Lucknow) (Annexure-1 to the writ petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents authority to
pay the salary to the petitioners for the post of Head Master and to pay arrears of salary since they are
working as In-charge Head Master in their concern Basic School run by U.P. Basic Education Board,
Prayagraj and consider the representation dated 12.05.2026 within stipulated period so fixed by this
Hon'ble Court.
(iii) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the
circumstances of the case.
(iv) award the costs of the petition to the petitioners.
(v) allow the cost of Petition in favour of the Petitioner."
Learned counsel for the petitioners submits that the petitioners, who are
10 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
WRIA No. 15400 of 2026
2
redressal of their grievance, but no decision has been taken thereon till
date. Therefore, a direction may be issued to the respondent no.5 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
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.5; District Basic Education Officer,
District Kushinagar, within three weeks from today along with a certified
copy of this order. On such representation being made, respondent no.5
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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