Allahabad High Court

VIRENDRA KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 30 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The Court held that the petitioners must make fresh individual representations before the District Basic Education Officer, and the writ petition was disposed without ordering payment of salary.

Summary

The petitioners, three government employees, filed a writ petition seeking a directive for the State of Uttar Pradesh to pay their salaries and arrears as per Government Orders dated June and December 2014, and also to compel the District Basic Education Officer to decide a representation filed on 28‑02‑2026 within a stipulated time. The petitioners claimed that despite multiple representations to the concerned authority, no action was taken. The respondents argued that any fresh representation should be considered according to law. The Court, without expressing a view on the merits of the salary claim, dismissed the writ and ordered the petitioners to file fresh individual applications/representations, supported by documents, before the District Basic Education Officer within three weeks, and directed the officer to decide them within six weeks with a reasoned order. Thus, the petition was disposed without granting the relief sought.

Issues considered

Whether the High Court can directly direct the State to pay the petitioners' salary and arrears under the Government Orders.
Whether the petitioners must first file a fresh representation before the competent authority before any relief can be granted.

Subjects

salary payment
government orders
writ petition
representation
administrative law
high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 16061 of 2026

Virendra Kumar And 2 Others
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 3 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)       : Anil Kumar Srivastava, Gaurav Aryan
Counsel for Respondent(s)       : C.S.C., Yatindra

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

Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent, Mr. Yatindra, learned counsel for the respondent-
BSA and perused the record.

This writ petition has been filed with a prayer to direct the respondents to
make payment of salary to the petitioner as per the Government Orders
dated 09.06.2014, 19.06.2014 and 01.12.2014 along with arrears on that
account, as well as with a further prayer to direct respondent no. 3 to
decide the representation dated 28.02.2026 moved by the petitioners
within a stipulated period.

Learned counsel for the petitioners submits that for ventilation of their
grievances, the petitioners have approached the authority concerned by
moving representations. However, despite several representations moved
by the petitioners, no heed has yet been paid.

Learned counsel for the respondents submits that in case petitioners move
a fresh representation 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
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
petitioners may make fresh application/representation, individually,
ventilating all their grievances, supported by such documents, as may be
advised, before the respondent no.3; District Basic Education Officer,
                                                                                           WRIA No. 16061 of 2026
                                                                   2


                                    Bulandshahar, 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 six weeks from
                                    the date of production of certified copy of this order, if there is no legal
                                    impediment.



                                                                               (Mrs. Manju Rani Chauhan,J.)
                                    October 1, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad

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