Allahabad High Court

RAMAKANT YADAV AND 25 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 29 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The court held that the petitioners must make fresh representations before the District Basic Education Officer, who must decide the matter within two months, and did not order immediate payment of salary.

Summary

The petitioners, 26 teachers serving as In‑charge Headmasters/Headmistresses, filed a writ petition seeking direction for the State to pay them the appropriate scale and arrears of salary under a Government Order dated 16‑07‑2026. They claimed to have made several representations to the competent authority without any decision. The respondent (District Basic Education Officer, Varanasi) contended that fresh representations should be made and considered according to law. The High Court, without expressing an opinion on the merits, ordered the petitioners to file fresh, fully documented representations within three weeks and directed the respondent to decide the matter within two months by a reasoned order. The court thus disposed of the petition by mandating procedural compliance rather than granting immediate salary relief.

Issues considered

Whether the petitioners are entitled to the scale/pay and arrears of salary as In‑charge Headmasters/Headmistresses under the Government Order.
Whether the court can directly direct payment of salary or must the petitioners first make fresh representations before the competent authority.

Subjects

salary arrears
government order
headmaster
public service
writ petition
administrative law
representation
education department

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16033 of 2026

Ramakant Yadav And 25 Others
.....Petitioner(s)
Versus

State Of U.P. And 2 Others
.....Respondent(s)

Counsel for Petitioner(s) : Arvind Kumar Yadav, Narendra Kumar
Chaturvedi
Counsel for Respondent(s) : Akhilesh Kumar Sharma, C.S.C.

Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent nos.1 and 2 as well as Mr. Bansh Gopal Mishra,
learned Advocate holding brief of Mr. Akhilesh Kumar Sharma, learned
counsel for the respondent no. 3.

2. This writ petition has been filed with a prayer to direct the respondent
authorities to pay the scale/pay to the petitioner for the post of
Headmaster/Headmistress and also to pay the arrears since they are
working as In-charge Headmaster/Headmistress in their respective
posting schools, within stipulated period.

3. Learned counsel for the petitioners submits that the petitioners, who are
26 in number, are working as In-charge Headmaster/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.3/District Basic Education Officer, Varanasi to decide the same.

4. Learned counsel for the respondent no.3 submits that in case the
petitioners move fresh representations before the competent authority, the
same shall be considered and decided, in accordance with law.
WRIA No. 16033 of 2026
2

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
petitioners, the present writ petition is disposed of by providing that the
petitioners may make fresh representations, ventilating all their
grievances, supported by all such documents, as may be advised, before
the respondent no.3/District Basic Education Officer, Varanasi, within
three weeks from today along with a certified copy of this order. On such
representation being made, respondent no.3 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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