Allahabad High Court
ANIT KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that the petitioner must make a fresh application before the District Basic Education Officer, who must decide the claim within six weeks, and therefore disposed the writ petition without deciding the merits.
Summary
Anit Kumar, an officiating Headmaster at Shaheed Udham Singh Junior High School since 1 April 2025, filed a writ petition seeking the grant of Headmaster pay scale benefits and arrears, alleging that his claim was pending before the District Basic Education Officer (respondent No.3). The petitioner requested a court direction for the respondent to decide the claim. The court, after hearing counsel, declined to rule on the merits and instead directed the petitioner to file a fresh, detailed representation before the District Basic Education Officer within three weeks, accompanied by a certified copy of the order. The respondent was instructed to consider the representation, provide a reasoned order, and decide the matter within six weeks, subject to no legal impediment. Consequently, the writ petition was disposed without adjudicating the substantive claim.
Issues considered
- Whether the petitioner is entitled to the benefit of the Headmaster pay scale and arrears as an officiating Headmaster.
- Whether the court can direct the respondent to decide the claim without a fresh representation by the petitioner.
Subjects
- pay scale
- headmaster
- officiating
- writ petition
- administrative law
- education service
- government employee benefits
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6901 of 2026
Anit Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamal Kumar Kesherwani
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Kamal Kumar Kesherwani, learned counsel for the
petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner submits that the grievance of the
petitioner regarding grant of benefit of pay scale of Headmaster, on
account of his discharging duties as Officiating Headmaster in the
institution, namely, Shaheed Udham Singh Junior High School since
01.04.2025, along with arrears, is pending consideration before
respondent no. 3. Therefore, a direction may be issued to respondent
no. 3 to consider and decide the claim of the petitioner, in
accordance with law.
Learned Standing Counsel submits that in case fresh representation
is moved by the petitioner before the competent authority, the same
will be considered and decided in accordance with law.
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 petitioner, the present writ petition is disposed of by providing
that petitioner may make fresh application/representation, ventilating
all his grievances, supported by such documents, as may be advised,
before the respondent no.3 District Basic Education Officer,
Saharanpur, 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
WRIA No. 6901 of 2026
2
order, after giving proper opportunity of hearing to all 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.)
May 7, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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