Allahabad High Court
BHANU PRATAP SINGH AND 80 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court quashed the order dated 18‑12‑2025 and allowed the writ petition, directing fresh representations to be considered in accordance with law.
Summary
The petitioners, 81 teachers serving as In‑charge Headmasters in Uttar Pradesh, filed a writ petition seeking quashing of an order dated 18‑12‑2025 issued by the District Basic Education Officer, Chitrakoot, and mandamus directing payment of their salaries and arrears under a Government Order dated 16‑07‑2026. They alleged that despite multiple representations to the competent authority, no decision had been taken and that they were legally entitled to the salary and benefits. The respondents argued that the petitioners should file fresh individual representations, which would then be considered according to law. The Court examined whether the impugned order was legally sustainable and whether the petitioners’ entitlement to salary could be enforced by mandamus. Finding the order arbitrary and noting the Government Order’s provisions, the Court quashed the impugned order and directed the officer to consider fresh applications within three weeks and decide them within two months. Consequently, the writ petition was allowed.
Issues considered
- Whether the order dated 18‑12‑2025 passed by the District Basic Education Officer is liable to be quashed.
- Whether the petitioners are entitled to salary and arrears as In‑charge Headmasters under the Government Order dated 16‑07‑2026.
- Whether the Court can issue a mandamus directing payment of salary and consequential benefits.
Subjects
- salary
- headmaster
- government order
- certiorari
- mandamus
- public service
- basic education officer
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15875 of 2026
Bhanu Pratap Singh And 80 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Man Bahadur Singh, Saurabh Kumar
Counsel for Respondent(s) : C.S.C., Umesh Chandra Kesarwani
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, Mr. Umesh Chandra
Kesarwani, learned Counsel for the respondent-BSA and learned
Standing Counsel for the State-respondents.
The writ petition has been filed with the following prayers:-
"(a) Issue a writ, order or direction in the nature of certiorari for quashing the
impugned order dated 18.12.2025 passed by respondent no.3 District Basic
Education officer, District-Chitrakoot.
(b) Issue a writ, order or direction in the nature of Mandamus commanding and
directing the Respondent to pay the salary to the petitioners to the post of
Headmaster/Headmistress of Upper Primary School/Primary
Schools/Composite Schools as shown against their names with effect from the
dates, the petitioners are appointed as Incharge Head Master or functioned as
Incharge Head master as shown against their names in the consolidated
tabulation with all consequential benefits, within a stipulated period as fixed by
this Court."
Learned counsel for the petitioners submits that the petitioners, who
are 81 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 the 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
WRIA No. 15875 of 2026
2
to the respondent-authorities to decide the same.
Learned counsel for the respondents submits that in case petitioners
move fresh, representations, individually, before the competent
authority, the same shall be considered and decided in accordance
with law.
Having considered the submissions of learned counsel for the parties,
the impugned order dated 18.12.2025, passed by respondent no.3, is
hereby quashed. The matter is remitted back to respondent no.3-
District Basic Education Officer, District Chitrakoot, with a direction
that, in case the petitioners submit fresh applications/representations,
individually, ventilating all their grievances, supported by such
documents as may be advised, before him/her, within three weeks
from today, along with a certified copy of this order, the same shall
be considered and decided, 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 the certified copy of this order, if there is no legal
impediment.
In view of aforesaid, the writ petition stands allowed accordingly.
(Mrs. Manju Rani Chauhan,J.)
September 30, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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