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2026 DAILYLAW 7254 (ALL)

SANDEEP KUMAR NAYAK AND 162 OTHERS v. STATE OF UP AND 4 OTHERS

WRIA/14877/2026 · 2026-09-16

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14877 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Santosh Kumar Mishra and Mr. Vinod Kumar Gautam, 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 and directing the respondent authorities to pay the salary to the petitioners for the post of In-charge-Headmaster of their concern school and provide the arrears of salary for said posts and an admissible interest there on, in the interest of Justice. ii. Issue, a writ, order or direction in the nature of Mandamus Commanding and directing the respondent authorities to take decision on the representation of petitioners which is with regard to payment of salary for the post of Headmaster, in light of judgment and order dated 15.5.2024 passed by this Hon'ble Court in Writ-A No. 18228 of 2022, Tripurari Dubey and another vs. State of U.P. and 4 others. iii. Issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case. iv. Allow writ petition with costs." Learned counsel for the petitioners submits that the petitioners, who are 163 in number, are working as In-charge Headmasters/Headmistress. 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 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.4 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 Versus Counsel for Petitioner(s) : Vinod Kumar Gautam Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), C.S.C. Sandeep Kumar Nayak And 162 Others .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) 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.4; 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.4 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. 14877 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad