Allahabad High Court

DINANATH VERMAversusSTATE OF U.P. AND 3 ORS.

Decided: 28 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The petitioner is not entitled to the claimed honorarium arrears and the writ petition is dismissed.

Summary

The petitioner, Dinanath Verma, sought payment of honorarium arrears for his tenure as Shiksha Mitra in a primary school from November 2007 to August 2012, claiming he was appointed by a district magistrate’s order after a prior writ. He argued that despite a stay on his appointment in 2007, he later rejoined in 2012 and worked until August 2012, but was never paid. The respondent argued the petition was filed after an eight‑year delay and that the petitioner had not actually worked during the disputed period, as evidenced by his own application. The court examined the procedural history, the stay order, and the petitioner’s admission of non‑service, concluding there was no basis for the claim. Consequently, the writ petition was dismissed.

Issues considered

Whether the petitioner is entitled to honorarium arrears for the period 27‑Nov‑2007 to 31‑Aug‑2012 despite the stay on his appointment.
Whether the eight‑year delay in filing the writ petition bars relief.
Whether the petitioner’s admission of not having worked during the said period defeats his claim.

Subjects

honorarium
arrears
delay
writ petition
appointment
Shiksha Mitra
administrative law
public service

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 20666 of 2015

Dinanath Verma
.....Petitioner(s)
Versus
State Of U.P. And 3 Ors.
.....Respondent(s)

Counsel for Petitioner(s) : Gyan Prakash Verma, Kshetresh
Chandra Shukla, Madhup Narain Shukla,
Prem Prakash Chaudhary
Counsel for Respondent(s) : Awadhesh Kumar, C.S.C.

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

List revised. None appeared on behalf of the respondent no.3 to press this
case.

Heard learned counsel for the petitioner, Mr. Brijesh Narayan, learned
Standing Counsel for the State-respondents and perused the records.

This writ petition has been filed with a prayer to direct respondent nos. 3 to
consider and decide the claim of the petitioner for payment of arrears of
honorarium to the post of Shiksha Mitra in Primary School, Muradipur,
Block - Harraiya, District - Basti from 27.11.2007 to 31.08.2012 when
respondent no.3 had taken continuous work from the petitioner for
implementing State schemes, along with interest.

Learned counsel for the petitioner submits that the petitioner had applied for
the post of Shiksha Mitra pursuant to Government Order dated 02.05.2006.
When he was not given preference as required, Writ-A No. 6949 of 2007
(Dinanath Verma vs. State of U.P. and others) was filed, which was disposed
of with a direction to the concerned District Magistrate to pass a reasoned
and speaking order after perusing the record and giving an opportunity of
hearing to the parties concerned. In compliance of the aforesaid order, the
District Magistrate, Basti passed order dated 04.08.2007 directing for
appointment of the petitioner at Prathmik Vidyalaya, Muradipur, Vikas
Khand Kshetra- Harraiya, District Basti as Shiksha Mitra. In compliance of
the aforesaid order, the petitioner joined on 23.10.2007. Subsequently, Writ-
A No.55457 of 2007 was filed by one Avnish Singh challenging the
WRIA No. 20666 of 2015
2

appointment of the petitioner, who was impleaded as respondent no.5 in the
aforesaid writ petition. On 14.11.2007, the operation and effect of the order
dated 04.08.2007 i.e. order appointing the petitioner on the post of Shiksha
Mitra, was stayed in the aforesaid writ petition. Thereafter, on 20.07.2012,
the aforesaid writ petition filed by Avnish Singh was dismissed for want of
prosecution. After the aforesaid order, the petitioner moved an application
dated 27.07.2012 before the District Magistrate along with the order dated
20.07.2012 passed in Writ-A No.55457 of 2007. Pursuant thereto, the
petitioner was permitted to join as Shiksha Mitra and he has worked upto
31.08.2012. However, his honorarium from 27.11.2007 to 31.08.2012 has
not been paid to the petitioner. Accordingly, a representation was made
before respondent no.3 for payment of honorarium for the said period. When
nothing was done, the present writ petition has been filed in the year 2015.
Learned counsel for the petitioner further submits that a direction may be
issued to respondent no.3 to consider the claim of the petitioner for payment
of arrears of honorarium to the post of Shiksha Mitra from 27.11.2007 to
31.08.2012 within a stipulated period.

Learned Standing Counsel, on the other hand, submits that this writ petition
has been filed with an unexplained delay of about eight years and, therefore,
cannot be entertained. No record has been annexed to show that the
petitioner has worked for the said period, as after the passing of the interim
order dated 14.11.2007 in Writ-A No.55457 of 2007, whereby the order
dated 04.08.2007 appointing the petitioner, was stayed, there was no
question of his working from 14.11.2007 till dismissal of the aforesaid
petition, i.e. 20.07.2012. The aforesaid fact that the petitioner has not
worked for the said period is admitted in his own application dated
12.08.2013 placed at page 38 of the writ petition. He further submits that as
the petitioner has not worked for the said period, he is not entitled to the
relief as prayed for. Therefore, no interference is required.

In view of the above, the writ petition is, accordingly, dismissed.

September 29, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)

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

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