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2026 DAILYLAW 4967 (ALL)

AJIT KUAR SHAHI AND 9 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/13978/2026 · 2026-09-07

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13978 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent, Mr. Ashish Kumar (Nagvanshi), learned counsel for the respondent-BSA and perused the record. The present writ petition has been filed inter-alia for the following reliefs:- " I. Issue a writ, order or direction in the nature of certiorari to quash the impugned Government order dated 14.10.2025 only to the extent of its Paragraph No. 4 read with Government order dated 16.07.2026 issued by the Additional Chief Secretary, Government of Uttar Pradesh (Respondent No. 1) (Annexure No. 1 to the writ petition) forthwith. II. Issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, District Gorakhpur Gorakhpur (Respondent No. 5) to take necessary steps to release salary to the Petitioners admissible to the post of Head Master/Head Mistress and to pay arrears since the date Petitioners are working as In-charge Head Master/Head Mistress, within a specific period as may be directed by this Hon'ble Court. III. Issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, District Gorakhpur Gorakhpur (Respondent No. 5) to consider and decide the representations dated 21.08.2026 (same date) submitted by the Petitioners (Annexure No. 2 to the writ petition), within a specific period as may be directed by this Hon'ble Court. IV. Issue any such other and suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. V. Award cost of the writ petition." Versus Counsel for Petitioner(s) : Anurag Shukla Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), C.S.C. Ajit Kuar Shahi And 9 Others .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) Learned counsel for the petitioners submits that the petitioners, who are 10 in number, are working as In-charge Headmasters. In view of the Government Order dated 16.07.2026, a copy whereof has been annexed at Page 40 of the writ petition (the date of the G.O. has wrongly been mentioned as 16.07.2025), the petitioners are entitled to salary as well as arrears of salary. It is further submitted that the petitioners have submitted several representations before the competent authority for redressal of their grievance, but no decision has been taken thereon till date. Therefore, a direction may be issued to the respondent no.5 to decide the same. Learned counsel for the respondents submits that in case petitioners move a fresh representations before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances 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 the petitioners may make fresh application/representations, individually, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.5; District Basic Education Officer, District Gorakhpur, within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.5 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the directions issued in the aforesaid Government Order, 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. September 8, 2026 Jitendra/- WRIA No. 13978 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad