Allahabad High Court
HARKESH SINGH AND 14 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court disposed of the writ petition, directing petitioners to file fresh individual representations before the District Basic Education Officer, who must decide the matter in accordance with law.
Summary
Fifteen petitioners, all Head Masters in Junior High Schools, filed a writ petition seeking an order directing the District Basic Education Officer to pay them the promotional increment and arrears with interest. The respondents, including the State of Uttar Pradesh and the education officer, indicated no objection if the petitioners filed fresh individual representations before the officer. The Court, without expressing a view on the merits, dismissed the writ and directed the petitioners to make fresh applications within three weeks, and the officer to decide them within two months, providing a reasoned order. The order emphasizes procedural compliance rather than adjudicating the substantive claim for increments. Consequently, the petition was disposed of, and the matter was remanded to the administrative authority for consideration.
Issues considered
- What relief, if any, can a writ petition seeking payment of promotional increments and arrears grant against an administrative authority?
- Whether the court should direct the administrative authority to decide the claim or require petitioners to approach the authority afresh.
Subjects
- promotional increment
- arrears
- writ petition
- administrative law
- education officer
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6702 of 2026
Harkesh Singh And 14 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Sharma
Counsel for Respondent(s) : C.S.C., Nagendra Kumar Pandey
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard Mr. Vivek Sharma, learned counsel for the petitioners, Mr.
Vikas Kumar Mishra, Advocate holding brief of Mr. Nagendra Kumar
Pandey, learned counsel for respondent nos.3 to 6 and learned Standing
Counsel for the State-respondents.
2. Learned counsel for the petitioners submits that petitioners who are 15
in numbers have approached this Court by means of this writ petition with
the prayer to direct the respondent no.5 to pay the increment to the
petitioners of the promotional post i.e. Head Master, Junior High School
and pay the arrears from the date of promotion of the petitioners with
interest.
3. Learned counsel for respondents submits that he has no objection, in
case, fresh representations are moved by the petitioners individually
before the authorities concerned for redressal of their grievance, the same
shall be considered in accordance with law.
4. Considering the facts and circumstance 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
petitioners may make fresh applications/representations, individually,
ventilating all their grievances, supported by such documents, as may be
advised, before the respondent no.5, District Basic Education Officer,
District Amroha, within three weeks from today along with a certified
copy of this order. On such representations being made, respondent no.5
WRIA No. 6702 of 2026
2
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.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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