Allahabad High Court
SHANTI DEVIversusSTATE OF UP AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court directed the petitioner to make a fresh representation before the District Basic Education Officer and ordered the respondent to decide it within two months, thereby disposing of the writ petition.
Summary
The petitioner, Shanti Devi, who is serving as In‑charge Headmaster, filed a writ petition seeking direction for the payment of her salary and arrears pursuant to a Government Order dated 16‑07‑2026, and also asked the court to compel the respondents to decide a representation dated 08‑09‑2026 within a stipulated period. The petitioner alleged that despite several representations to the competent authority, no decision had been taken. The respondents contended that a fresh representation could be filed and would be considered in accordance with law. The Court, without expressing an opinion on the merits, disposed of the petition by directing the petitioner to file a fresh, comprehensive representation before the District Basic Education Officer within three weeks, and ordered the respondent to decide the matter within two months, issuing a reasoned order. The order emphasizes adherence to the Government Order and the need for an expeditious, lawful decision.
Issues considered
- Whether the petitioner is entitled to salary and arrears as Headmaster‑Incharge under the Government Order dated 16‑07‑2026.
- Whether the court can direct the respondents to decide the pending representation dated 08‑09‑2026 within a stipulated period.
- Whether the petitioner must file a fresh representation to seek relief.
Subjects
- salary
- headmaster
- government order
- representation
- writ petition
- education service
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15552 of 2026
Shanti Devi
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Priya Ranjan Rai
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 petitioner, Mr. Shashi Prakash Singh,
learned Counsel for the respondent-BSA and learned Standing
Counsel for the State-respondents.
The writ petition has been filed with a prayer to direct respondent-
authorities to pay salary of Headmaster-Incharge as she has
performing the duty of Headmaster. A further prayer has been made
to direct the respondents to decide the representation dated
08.09.2026 of the petitioner, in pursuance to the order dated
15.05.2024 passed in Writ A No.18228 of 2022 (Tripurari Dubey
and another vs. State of U.P. and 4 Others) within a stipulated
period.
Learned counsel for the petitioner submits that the petitioner is
working as In-charge Headmaster. 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 petitioner is entitled to the salary as well as
arrears of salary. It is further submitted that the petitioner has
submitted several representations before the competent authority for
redressal of her grievance, but no decision has been taken thereon till
date. Therefore, a direction may be issued to the respondent-
authorities to decide the same.
Learned counsel for the respondents submits that in case petitioner
moves a fresh, representation before the competent authority, the
same shall be considered and decided in accordance with law.
WRIA No. 15552 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 petitioner, the present writ petition is disposed of by providing
that the petitioner may make fresh application/representation,
ventilating all her grievances, supported by such documents, as may
be advised, before the respondent no.4, District Basic Education
Officer, District 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 24, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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