RIZWAN AKHTAR AND 110 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIA/8792/2025 · 2025-07-13
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70449 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70449 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112549 Court No. - 52 Case :- WRIT - A No. - 8792 of 2025 Petitioner :- Rizwan Akhtar And 110 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha Counsel for Respondent :- Bhupesh Pratap Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Pankaj Kumar Ojha, learned counsel for the petitioners, Mr. Bhupesh Pratap Singh., learned counsel for respondent nos.3, 4 and 5 and learned counsel for the State- respondents.
2. Learned counsel for the petitioners submits that petitioners who are 111 in numbers have approached this Court by means of this writ petition with the prayer to direct the respondent authorities to pay the salary of Head master/Head Mistress as they are performing the duties of Head Master/Head Mistress in their respective schools. They have moved representations before the competent authority but nothing has been till date.
3. Learned counsel for petitioner while referring a recent judgment dated 30.04.2025 passed by a Division Bench of this Court in Special Appeal No. 652 of 2024 (Secretary, U.P. Basic Education Board and others vs. Tripurari Dubey and others), Neutral Citation No. 2025:AHC:67382-DB, submits that all the legal impediments for payment of salary to Officiating Headmaster in the pay scale of Head Master are being removed by aforesaid
judgment and he refers following paragraph of the judgment:
"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."
4. Learned counsel appearing for respondents-3 to 5 has not disputed the above position of law.
5. In aforesaid circumstances, this writ petition is disposed of in terms of aforesaid judgment passed in Tripurari Dubey (supra).
Order Date :- 14.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad