HIMANSHU GUPTA AND 25 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/3281/2025 · 2025-05-08
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30223 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30223 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75678 Court No. - 6 Case :- WRIT - A No. - 3281 of 2025 Petitioner :- Himanshu Gupta And 25 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar Sharma Counsel for Respondent :- C.S.C.,Gaurav Bishan Hon'ble Saurabh Shyam Shamshery,J.
1. Sri Ravi Prakash, Advocate holding brief of Sri Rahul Kumar Sharma, learned counsel for petitioners and Sri Gaurav Bishen, learned counsel for respondents have informed that legal impediment, if any, for salary of Principal to Assistant Teacher while working as In-charge Head Master has been removed by a judgment passed by Division Bench of this Court in Secretary, U.P. Basic Education Board and others vs. Tripurari Dubey and others, 2025:AHC:67382-DB and other connected cases, therefore, this writ petition may be disposed of in terms of above referred judgment.
2. Learned Standing Counsel has no objection if such prayer is considered.
3. Accordingly, this writ petition is disposed of in terms of above referred judgment, specifically paragraph no. 20 which is quoted below :-
"20. In view of the discussions and deliberations held above this bunch of special appeal stands
disposed of with following observation: (i) we grant liberty to the concerned District Basic Education Officer to examine and determine the factual issue as to whether the petitioner has experience of five years and has actually been continuing as headmaster of the institution; (ii) if the petitioners have continued for long as headmaster the direction to pay the arrears would only extend up to three years prior to filing of the
writ petition; (iii) we also make it open for the District Basic Education Officer to ensure at the district level that only senior assistant teachers are allowed to officiate in the educational institution, as far as, it is possible. This would eliminate possibility of heart burning on account of junior assistant teachers functioning as officiating headmaster; (iv) requisite exercise in this regard shall be undertaken within a period of two months and the amount in term of above determination shall be calculated and released without any further loss of time."
Order Date :- 9.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad