Allahabad High Court
VIRENDRA PRATAP AND 36 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioners must first make fresh individual representations to the District Basic Education Officer, and the petition was disposed without adjudicating the substantive salary claim.
Summary
The petitioners, 37 in‑charge headmasters, filed a writ petition seeking payment of current salary and arrears pursuant to a Government Order dated 16‑07‑2026. They alleged that despite multiple representations to the competent authority, no decision had been taken. The respondents argued that the petitioners should file fresh individual representations before the authority, which would then be decided according to law. The Court, without expressing any view on the merits, directed the petitioners to make fresh applications to the District Basic Education Officer within three weeks, and ordered the officer to decide the matters within two months, adhering to the Government Order and providing a reasoned order. Consequently, the writ petition was disposed without a substantive ruling on the salary claim.
Issues considered
- Whether the court can directly order payment of salary and arrears to the petitioners without them first filing fresh individual representations before the competent authority.
Subjects
- salary
- arrears
- government order
- headmaster
- writ petition
- administrative law
- representation
- education department
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15968 of 2026
Virendra Pratap And 36 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Babu Ram Yadav
Counsel for Respondent(s) : Arun Kumar Tripathi, C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, Mr. Arun Kumar Tripathi,
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 the
respondents for making payment of current salary to the petitioners
for the post of Headmaster/Head Mistress, along with arrears within
a month.
Learned counsel for the petitioners submits that the petitioners, who
are 37 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
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.
Considering the facts and circumstances of the case but without
WRIA No. 15968 of 2026
2
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.4, District
Basic Education Officer, District-Sant Kabir Nagar, 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 30, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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