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2026 DAILYLAW 7186 (ALL)

RAGINI JAISWAL AND 50 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/14893/2026 · 2026-09-16

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14893 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 mandamus commanding the respondents to pay the salary to the petitioners to the post of Head Master of Upper School/Primary Primary Schools/Composite Schools as shown against their names with effect from the date, the petitioners are appointed as Incharge Head Master or functioned as Incharge Head Master as shown against their names in the consolidated tabulation with all consequential benefits, within a stipulated period as may be specified by this Hon'ble Court. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the arrears of salary to the petitioners from the date they are discharging the duties of Head Master with admissible interest, within stipulated period as may be specified by this Hon'ble Court. iii. Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. iv. To award the costs of the petition to the petitioner." Learned counsel for the petitioners submits that the petitioners, who are 51 in number, are working as In-charge Headmasters/Headmistress. In view of the Government Order dated 16.07.2026, a copy whereof has been annexed at Page 76 of the writ petition (the date of the G.O. has Versus Counsel for Petitioner(s) : Ashish Pandey, Man Bahadur Singh, Shivendra Pratap Singh Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), C.S.C. Ragini Jaiswal And 50 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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.3 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.3; 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.3 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 17, 2026 Jitendra/- WRIA No. 14893 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad