BALGA INTAL SUMAN AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/9817/2025 · 2025-07-17
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76175 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76175 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117364 Court No. - 52 Case :- WRIT - A No. - 9817 of 2025 Petitioner :- Balga Intal Suman And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Radha Upadhyay,Rohit Upadhyay Counsel for Respondent :- C.S.C.,Ram Prasad Dubey Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the petitioners, learned counsel for the State- respondent, Mr. R.P. Dubey, learned counsel for respondent nos. 2, 3 and 4. 2. Learned counsel for the petitioners submits that petitioners, who are 10 in number, 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 done till date. 3. Learned counsel for petitioners 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 respondent nos. 2 to 4 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 :- 18.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad