KAUSHAL AHIRWAR v. DISTRICT BASIC EDUCATION OFFICER AND 4 OTHERS
WRIA/13531/2026 · 2026-09-20
Manju Rani Chauhan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9410 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9410 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13531 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State, Mr. Shashi Prakash Rai, learned Advocate who has put in appearance on behalf of respondent Nos. 1, 2 and 3, and Mr. Nikhil Singh, learned counsel for respondent no. 5. The petitioner has preferred the present petition for the following reliefs:
"1. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 4.8.2026, passed by Respondent no. 1 District Basic Education Officer Lalitpur (Annexure No. 5 to this writ petition). II. Issue a writ order or direction in the nature of mandamus commanding the Respondents not to interfere in the functioning of the petitioner on the post of Head Master of Senior Basic School Lakhanpura, Block Jakhaura District Lalitpur under the impugned order dated 4.8.2026, passed by Respondent no.1." On previous occasion, i.e., 01.09.2026, when the matter was taken up, following order was passed by this Court:
"Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Shashi Prakash Rai, learned counsel for the respondent-BSA. This writ petition has been filed with a prayer to quash the impugned order dated 04.08.2026 passed by respondent no.1, i.e. District Basic Education Officer, Lalitpur.
Learned counsel for the petitioner submits that the petitioner, who was appointed as untrained Assistant Teacher in Senior Basic School on 06.10.1995 and was given trained grade pay w.e.f. 24.04.2002 and after completion of B.T.C. training on 26.04.2013 was given grade pay of Rs. 4,600/-, was given the charge of Headmaster on 31.10.2023. A seniority list was also published on 14.01.2026, wherein the petitioner finds place at serial no. 199, whereas respondent no. 5 is placed at serial no. 227, meaning Versus Counsel for Petitioner(s) : Adarsh Singh, Ajeet Kumar, Sr. Advocate Counsel for Respondent(s) : C.S.C., Nikhil Singh, Shashi Prakash Rai, Shiva Singh Kaushal Ahirwar .....Petitioner(s) District Basic Education Officer And 4 Others .....Respondent(s)
thereby that the petitioner is senior to respondent no. 5. However, the impugned order dated 04.08.2026 has been passed stating that respondent no. 5 is senior to the petitioner only on the basis that grade pay of Rs. 4,800/- is being received by him. Learned counsel for the petitioner further submits that the administrative charge has been handed over to respondent no. 5, however, the financial charge has not been given. On the aforesaid, learned counsel for the respondent-BSA prays for and is granted two weeks' time to obtain instructions in the matter. Issue notice to respondent no. 5 by both modes, i.e., by regular mode as well as dasti summons. Steps be taken within three days. Put up this case on 21st September, 2026 as fresh. As an interim measure, the status quo as on date shall be maintained till the next date of listing." On the basis of instructions, learned counsel for the respondent-BSA submits that a tentative seniority list has been published on 14.01.2026, to which objections were invited, however till date no final list has been published. Under the abovementioned circumstances, wherein in the tentative seniority list which has been published on 14.01.2026, in which the petitioner is shown senior to respondent No. 5, this Court finds that until and unless final orders are passed on the objections as invited, the petitioner's seniority cannot be disturbed. In view of the above, the order impugned needs to be set aside. It is accordingly quashed.
The writ petition is allowed with a direction to respondent No. 1-District Basic Education Officer, Lalitpur to consider the objections as filed by all concerned including respondent No. 5 and finalise the seniority list, in accordance with law, expeditiously preferably within a period of two months from the date of production of a certified copy of this
order. No order as to costs. September 21, 2026 DS WRIA No. 13531 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad