Allahabad High Court

ABU TALAHversusSTATE OF U.P. AND 3 OTHERS

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The court held that it will not decide the petition on merits at the first instance, set aside the impugned order, and remand the matter with directions to first resolve the other teachers' dismissal dispute.

Summary

The petitioner challenged an order dated 4‑10‑2025 dismissing two assistant teachers, arguing that his own dismissal dispute could be decided independently of that matter. The respondents contended that the outcome of the other teachers' dismissal would affect the petitioner's relief. The court observed that the concerned authority had not yet decided the other dispute, which was pending before the District Welfare Officer/Committee as directed in earlier litigation. Consequently, the court declined to decide the petition on its merits at the first instance, deeming there was no final order to challenge. The impugned order was set aside and the matter was remanded with a direction that the other two employees' dispute be resolved within four weeks, after which the petitioner's case may be heard independently. The writ petition was therefore disposed with these directions.

Issues considered

Whether the High Court can adjudicate the petition on merits when a related dismissal dispute is pending before another authority
Whether the petitioner's dispute can be decided independently of the other two assistant teachers' dismissal
Whether the impugned order dated 4‑10‑2025 should be set aside and the matter remanded

Subjects

writ petition
dismissal
assistant teachers
jurisdiction
remand
set aside
administrative law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - A No. - 5689 of 2026

Abu Talah
                                                               .....Petitioner(s)
                                   Versus
State Of U.P. And 3 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                  :   Mritunjay Mohan Sahai
Counsel for Respondent(s)                  :   C.S.C., Satyam Singh

Court No. - 32
            HON'BLE SAURABH SHYAM SHAMSHERY, J.

1.Heard learned counsel for the parties.

2. At this stage Court finds that concerned authority has not decided the
matter on merit on a ground that a matter arising out of dispute of dismissal
of two Assistant Teachers is pending before District Welfare
Officer/Committee of Management on basis of a direction passed by this
Court in earlier round of litigation

3. Learned counsel for the petitioner submits that dispute of petitioner can
still be decided independently since it will have no bearing on outcome of
referred dispute.

4. Per contra, learned counsel or the respondents submits that outcome of
other dispute of two Assistant Teachers will have a bearing on prayer of
present writ petition.

5. I have considered the above submissions and since concerned authority
has still not decided matter on merit waiting outcome of other dispute
therefore, there is no order to challenge before this Court and in case Court
decides the issue, it will be at first instance, which was not the intention of
this Court, when earlier matter was remanded to the concern authority,
therefore, Court will not decide the case at first instance on merit.

6. So far as other submission of learned counsel for petitioner is concern,
present writ petition is disposed of with following directions:

(a) Matter in regard to other two employees arising out of from order of
dismissal shall be decided within a period of 4 weeks in accordance with law
after hearing all concern parties and subsequently dispute of the petitioner be
decided in accordance with law after hearing concern parties and in case
                                                                                          WRIA No. 5689 of 2026
                                                                  2

                                    concern respondent is not able to decide the dispute in regard to other 2
                                    employees even after 4 weeks, case of the petitioner shall be considered
                                    independently.

                                    (b) For the aforesaid reason and direction, impugned order dated 4.10.2025
                                    is set-aside and matter is remanded to concern respondent to comply with
                                    aforesaid direction and if necessary order passed by Division Bench in
                                    Special Appeal Defective No.776 of 2025 be taken note of.



                                                                             (Saurabh Shyam Shamshery,J.)

                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

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