Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 9323 (ALL)

ANIL KUMAR SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS

WRIA/15037/2026 · 2026-09-17

Manju Rani Chauhan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15037 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, Mr. K. Shahi, learned counsel for respondent-BSA as well as learned Standing Counsel for the State- respondent. 2. The instant writ petition has been filed with the following prayers: "I. Issue a writ, order or direction in the nature of Mandamus directing the respondents to grant and pay all annual increments legally admissible to the petitioner with consequential arrears, in accordance with the applicable service rules and the recommendations of the Sixth Pay Commission, taking into consideration his initial appointment dated 28.12.2005; II. Issue a writ, order or direction in the nature of Mandamus directing the respondents to re-fix the petitioner's pay and release all consequential monetary benefits arising from the grant of the aforesaid increments, in accordance with law; III. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities, particularly the competent authority, to consider and decide the representation submitted by the petitioner, by passing a reasoned and speaking order, within a time-bound period as may be fixed by this Hon'ble Court; ..............." 3. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher on 28.12.2005 and was allotted Prathmik Vidyalaya, Gaunjara, Development Block, Koraon. He also contends that when the petitioner went to join on 09.01.2006 at the said school, he came Versus Counsel for Petitioner(s) : Sameer Srivastava, Shivanshu Mehta Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi Anil Kumar Srivastava .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) to know that no such institution is in existence, therefore, he moved an application before the competent authority to allot him some other school. He further submits that by order dated 31.01.2006, he was allotted Prathmik Vidyalaya, Chandravat, Development Block Bahariya, where he joined on 01.02.2006 but the increment of the petitioner is not being given accordingly, therefore, a direction may be issued to respondent no.3-Basic Shiksha Adhikari, Prayagraj to look into the grievance of the petitioner and do the needful. 4. Mr. K. Shahi, learned counsel for respondent-BSA submits that in case the petitioner moves a fresh representation before the competent authority, the same shall be considered and decided in accordance with law, keeping in mind the relevant government order. 5. 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 representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3-Basic Shiksha Adhikari, Prayagraj, 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, keeping in mind the relevant Government Order, strictly in accordance with law, 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 six weeks from the date of production of certified copy of this order, if there is no legal impediment. September 18, 2026 K.N. WRIA No. 15037 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad