Allahabad High Court
SANDHYA TIWARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court disposed of the writ petition, directing the petitioner to make a fresh representation and the respondent to decide it within two months, without adjudicating the merits.
Summary
The petitioner, Sandhya Tiwari, filed a writ petition seeking a direction that the District Basic Education Officer fix her salary as Headmistress of a school in Azamgarh from her date of joining on 01‑07‑2013 and pay arrears with interest. She alleged that despite a Government Order dated 16‑07‑2026, she had not received the salary and that her earlier representations to the competent authority remained unanswered. The respondents argued that the petitioner should make a fresh representation, which would then be considered in accordance with law. The Court, without expressing an opinion on the merits, disposed of the petition by ordering the petitioner to file a fresh, fully documented representation within three weeks and directing the respondent to decide it within two months by a reasoned order. The order emphasizes the need for a proper hearing and expeditious resolution.
Issues considered
- Whether the petitioner is entitled to salary and arrears as Headmistress from 01‑07‑2013 under the Government Order.
- Whether the High Court can directly direct the respondent to fix the salary and pay arrears, or must the petitioner first make a fresh representation.
Subjects
- salary
- headmistress
- arrears
- writ petition
- education officer
- administrative law
- representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16020 of 2026
Sandhya Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kr Srivastava, Pratibha Asthana
Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State-respondent nos.1 and 2 as well as Mr. Shashi Prakash Singh,
learned counsel for the respondent nos.3 & 4.
2. The instant writ petition has been filed with a prayer to direct the
respondent no.4 to fix the salary of the petitioner as Headmistress from
the date of her joining i.e. 01.07.2013 in Adarsh J.H.S. Brahamasthan,
Azamgarh presently known as Composite School Adarsh Brahmasthan,
Nagar Kshetra, Azamgarh and a further prayer to direct the respondent
no.4 to pay the arrears with interest from the date she is working as
Headmistress, within stipulated period.
3. Learned counsel for the petitioner submits that the petitioner is working
as In-charge Headmistress from the date of her joining i.e. 01.07.2013 in
Adarsh J.H.S. Brahamasthan, Azamgarh presently known as Composite
School Adarsh Brahmasthan, Nagar Kshetra, Azamgarh. 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 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 no.4/District
Basic Education Officer, District-Azamgarh to decide the same.
4. Learned counsel for the respondent nos.3 and 4 submits that in case the
WRIA No. 16020 of 2026
2
petitioner moves a fresh representation before the competent authority,
the same shall be considered and decided, in accordance with law.
5. 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 a fresh representation, ventilating all her grievances,
supported by all 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, 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
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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