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2026 DAILYLAW 5492 (ALL)

KANTI DEVI v. STATE OF U.P. AND 5 OTHERS

WRIA/11794/2026 · 2026-09-08

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11794 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Shailendra Singh, Advocate, holding brief of Mr. Shashi Prakash Singh, learned counsel for the respondent-BSA, and learned Standing Counsel for the State. The writ petition has been filed with the prayer to direct the respondents to pay salary for the post of Headmaster in Primary School, Semari, Jamalpur, Ghosi, District-Mau (wrongly mentioned), whereas, as per page 16 of the writ petition, it is Uchh Prathmik Vidyalaya, Semari. Learned counsel for the petitioner submits that the petitioner was promoted to the post of Headmaster by order dated 03.07.2015, and pursuant thereto, she joined and has functioned as Headmaster in Uchh Prathmik Vidyalaya, Semari, Jamalpur, Ghosi, Mau, however, salary has not been paid. She has represented before the authorities concerned, but as nothing was done, the present writ petition has been filed. In compliance with the earlier order of this Court, learned counsel for the respondent-BSA has placed the instructions before the Court today, wherein it has been stated that the petitioner has assumed charge in violation of the procedure prescribed under law, and that her joining has also not been certified by the concerned officer. No such information Versus Counsel for Petitioner(s) : Pankaj Kumar Yadav, Satish Kumar Pandey Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh Kanti Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) regarding taking charge as Headmaster has been provided by the petitioner to the concerned authority, therefore, she is not entitled to the relief as prayed. However, it is submitted that in case a fresh representation is placed by the petitioner before the authorities concerned, an appropriate order shall be passed 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 petitioner, the present writ petition is disposed of by providing that the petitioner may make a fresh application/representation, ventilating all her grievances, supported by such documents as may be advised, before respondent no.5, District Basic Education Officer, Mau, within three weeks from today, along with a certified copy of this order. On such representation being made, the respondent no.5 shall make all endeavours to consider and decide the same, strictly in accordance with law, after verifying the promotional order as well as the fact that charge has been taken by the petitioner in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no legal impediment. September 9, 2026 Rahul. WRIA No. 11794 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad