Allahabad High Court
KESHAV LAL YADAV AND 19 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioners must make fresh representations before the competent authority and therefore did not issue a mandamus directing payment.
Summary
The petitioners, twenty teachers serving as In‑charge Headmasters/Headmistresses, claimed entitlement to salary and arrears under a Government Order dated 16‑07‑2026. They alleged that despite multiple representations to the competent authority, no decision had been rendered. The petition sought a writ of mandamus directing the respondents to pay the claimed amounts. The respondents contended that the petitioners should file fresh representations for consideration. The High Court, without adjudicating the merits, directed the petitioners to submit fresh applications to the Basic Shiksha Adhikari, Azamgarh, within three weeks, and instructed the authority to decide the matter within two months, issuing a reasoned order. Consequently, the court disposed of the writ petition without granting the mandamus relief.
Issues considered
- Whether the petitioners are entitled to salary and arrears as In‑charge Headmasters/Headmistresses under the Government Order.
- Whether the court can issue a writ of mandamus directing payment of the salary and arrears.
- Whether the petitioners must make fresh representations before the competent authority before any relief can be granted.
Subjects
- salary
- mandamus
- government order
- representation
- education
- headmaster
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15420 of 2026
Keshav Lal Yadav And 19 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Panchraj, Indra Bhan Yadav
Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Shashi Prakash 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. Issue, a writ, order or direction in the nature of mandamus directing / commanding the respondents
authority to pay the salary of Head Master/ Head Mistress to the petitioners with arrears since they are
working as In-charge Head Master / Head Mistress.
ii. Issue, another writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and
circumstances of the case; and
iii. Award cost of writ petition."
Learned counsel for the petitioners submits that the petitioners, who are
20 in number, are working as In-charge Headmasters/ Headmistress. 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.4 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.
WRIA No. 15420 of 2026
2
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, ventilating all
their grievances, supported by such documents, as may be advised, before
the respondent no.4; Basic Shiksha Adhikari, Azamgarh, within three
weeks from today along with a certified copy of this order. On such
representation being made, respondent no.4 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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