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2026 DAILYLAW 7218 (ALL)

MAHBOOB ALI v. STATE OF U.P. AND 4 OTHERS

WRIA/15012/2026 · 2026-09-17

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15012 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, Mr. Ashutosh Kumar Mishra, learned counsel for respondent nos.3 to 5 as well as learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed with the following prayers: "1. 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 certiorari to quash the impugned order dated 20.01.2026 passed by the Basic Shiksha Adhikari, District Muzaffarnagar (Respondent No. 5) (Annexure No. 2 to the writ petition) forthwith. III. Issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, District Muzaffarnagar (Respondent No. 5) to take necessary steps to release salary admissible to the post of Head Master in favour of the Petitioner and to pay arrears since the date Petitioner has been working as In-charge Head Master in the institution, within a specific period as may be directed by this Hon'ble Court. ..........." 3. 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. Versus Counsel for Petitioner(s) : Anurag Shukla Counsel for Respondent(s) : Ashutosh Kumar Mishra, C.S.C. Mahboob Ali .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) It is further submitted that the petitioner has submitted representation before the competent authority for redressal of his grievance, but no decision has been taken thereon till date. Therefore, a direction may be issued to the respondent no.5/Basic Shiksha Adhikari, District- Muzaffarnagar to decide the same. 4. Learned counsel for respondent nos.3 to 5 submits that in case petitioner moves a fresh representation before the competent authority, the same shall be considered and decided in accordance with law. 5. Having considered the submissions of learned counsel for the parties, the impugned order dated 20.01.2026, passed by respondent no.5/Basic Shiksha Adhikari, District-Muzaffarnagar, is hereby quashed. The matter is remitted back to respondent no.5/Basic Shiksha Adhikari, District- Muzaffarnagar, with a direction that, in case the petitioner submits a 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. 6. 6. In view of aforesaid, the writ petition stands allowed accordingly. September 18, 2026 K.N. WRIA No. 15012 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad