Allahabad High Court
NEETU SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must make a fresh representation before the District Basic Education Officer, who must then decide the matter within a stipulated period.
Summary
The petitioner, Neetu Singh, was appointed as a Shiksha Mitra but alleges that her honorarium, payable from 23 March 2026, has not been released despite a representation to the District Basic Education Officer, Farrukhabad. She filed a writ petition seeking a mandamus directing the officer to pay the honorarium with arrears and to decide her grievance expeditiously. The respondents argued that the petitioner should first make a fresh representation before the competent authority, after which the matter can be decided in accordance with law. The Court, without adjudicating the merits, directed the petitioner to file a fresh representation within two weeks, attaching a certified copy of the order. The Court further instructed the officer to consider the representation, afford a hearing, and issue a reasoned order within four weeks, provided no legal impediment exists. No monetary relief or mandamus was granted; the petition was disposed pending the fresh representation.
Issues considered
- Whether the High Court can issue a mandamus directing payment of the petitioner’s honorarium as Shiksha Mitra.
- Whether the petitioner must first make a fresh representation before the District Basic Education Officer before any relief can be granted.
Subjects
- honorarium
- Shiksha Mitra
- mandamus
- representation
- basic education officer
- administrative law
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16069 of 2026
Neetu Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adarsh Singh, Ratnesh Kumar Singh
Counsel for Respondent(s) : C.S.C., Kaushlesh Pratap Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent, Mr. Mohit Dixit, Advocate holding brief of Mr.
Kaushlesh Pratap Singh, learned counsel for the respondent-BSA and
perused the record.
The present writ petition has been filed inter-alia for the following
reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus, commanding the Respondent no.3 District
Basic Education Officer Farrukhabad to pay honorarium to the petitioner along with arrears w.e.f
23.3.2026 for the post of Shiksha Mitra, within stipulated period, as may be fixed by this Hon'ble Court.
ii. Issue any other writ, order or direction in the nature of writs, as this Hon'ble Court may deem fit and
proper to meet ends of justice.
iii. Award cost of this writ petition to the petitioner."
Learned counsel for the petitioner submits that the petitioner has been
appointed as Shiksha Mitra in accordance with the procedure prescribed
under law, however, honorarium w.e.f. 23.03.2026 is not being paid to the
petitioner. In this regard, she has moved a representation before
respondent no. 3, but no decision has been taken thereon till date.
Therefore, a direction may be issued to decide the same in accordance
with law.
Learned counsel for the respondents submits that in case petitioner moves
a fresh representation before the competent authority, the same shall be
considered and decided in accordance with law.
WRIA No. 16069 of 2026
2
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 fresh representation, ventilating all her grievances,
supported by such documents, as may be advised, before the respondent
no.3; District Basic Education Officer, Farrukhabad, within two 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 four 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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