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2026 DAILYLAW 5638 (ALL)

AKHIL KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIA/14001/2026 · 2026-09-07

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14001 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Ram Bhuwan Singh, Advocate holding brief of Mr. Ashok Kumar Singh, 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 calling for the records of the case and quash the impugned order dated 09.07.2025, passed by the Respondent No.3- District Basic Education Officer, District Siddharth Nagar (Annexure No.1 to the writ petition). II. Issue a writ order or direction in the nature of mandamus directing the respondent authorities to pay arrears of difference of salary to the petitioner on the post of Head Master, Junior Basic School since 22.08.2022, within stipulated period as may be fixed by this Hon'ble Court. III. Issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. IV. Award cost of the petition to the petitioner." Learned counsel for the petitioner submits that the petitioner is working as In-charge Headmaster. In view of the Government Order dated 16.07.2026, (the date of the G.O. has wrongly been mentioned as 16.07.2025), the petitioner is entitled to salary as well as arrears of salary. Therefore, a direction may be issued to the respondent no.3 to decide the same. Learned counsel for the respondents submits that in case petitioner move a fresh representation before the competent authority, the same shall be considered and decided in accordance with law. Having considered the submissions of learned counsel for the parties, the Versus Counsel for Petitioner(s) : Nikhil Srivastava, Shashi Bhushan Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C. Akhil Kumar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) impugned order dated 09.07.2025, passed by respondent no.3, is hereby quashed. The matter is remitted back to respondent no.3- District Basic Education Officer, District Siddharth Nagar, with a direction that, in case the petitioner submit fresh application/representation, ventilating all his grievances, supported by such documents as may be advised, before him/her, within three weeks from today, along with a certified copy of this order, the same shall be considered and decided, 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 the certified copy of this order, if there is no legal impediment. In view of aforesaid, the writ petition stands allowed accordingly. September 8, 2026 Jitendra/- WRIA No. 14001 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad