Piyush Kumar Verma and 26 Others Vs State of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Piyush Kumar Verma and 26 Others Vs State of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4 to consider the petitioners' claim for salary of the post of Headmaster-In charge in accordance with law, the relevant rules and the Division Bench judgment in Tripurari Dubey, within six weeks from receipt of a certified copy of the order.

Issue for consideration

Whether petitioners who have been given officiating charge of the post of Headmaster but are not being paid the salary of that post are entitled to have their claim considered and paid. +1 more

Court's answer

The writ petition is disposed of with a direction to respondent no. 4 to consider the claim of the petitioners for being given the salary of the post of Headmaster-In charge in accordance with law and the relevant rules.

Ratio / Principle

The consideration directed is to be done also in the light of the Division Bench judgment of this Court in Tripurari Dubey, and is to be completed within six weeks from the date of receipt of a certified copy of the order.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 4, Abdul Moin, J.: Petitioners, though given officiating charge of the post of Headmaster, were not being paid the salary of that post. Their claim was covered by the Division Bench judgment in Secretary, UP Basic Education Board and Ors v. Tripurari Dubey and Ors, Special Appeal No. 652 of 2024 (2025: AHC:67382-DB), which had been affirmed by the Supreme Court's dismissal of SLP(C) No. 22427 of 2025 by order dated 13.08.2025. Counsel for the contesting respondents did not dispute the question of law decided in Tripurari Dubey. With consent of counsel, the writ petition (matters decided finally) was disposed of with a direction to respondent no. 4 to consider the petitioners' claim for salary of the post of Headmaster-In charge in accordance with law and the relevant rules as well as the Tripurari Dubey judgment, such consideration to be completed within six weeks of receipt of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 11494 of 2025

Piyush Kumar Verma And 26 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Amit Mishra, Prakash Pandey Counsel for Respondent(s) : C.S.C., Net Ram, Ran Vijay Singh

Court No. - 4

HON'BLE ABDUL MOIN, J.

Heard learned counsel for the petitioners, Sri Vijay Vikram Singh, learned Standing counsel appearing on behalf of the respondents no. 1 & 2, Sri Gaurav Joshi, Advocate holding brief of Sri Ran Vijay Singh, learned counsel for the respondent no. 3 and Ms. Priyanka Verma holding brief of Sri Net Ram, learned counsel for the respondents no. 4 & 5.

With the consent of learned counsels appearing on behalf of the contesting parties, the matter is being decided finally.

Contention of the learned counsel for the petitioners is that the petitioners have been given the officiating charge of the post of Headmaster yet are not being paid salary of the said post.

Contention is that this aspect of the matter has already been considered by the Division Bench of this Court in a bunch of appeals leading being Special Appeal No. 652 of 2024 Inre; Secretary, UP Basic Education Board and Ors Vs. Tripurari Dubey and Ors- 2025: AHC:67382-DB which judgment in turn has been affirmed with the dismissal of the Special Leave to Appeal vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025.

Further contention is that the respondents be directed to consider the claim of the petitioner in the light of the Division Bench judgment of this Court in the case of Tripurari Dubey (supra) .

WRIA No. 11494 of 2025

2

Learned counsel appearing on behalf of the contesting respondents do not dispute the aforesaid question of law as decided by the Division Bench of this Court in the case of Tripurari Dubey (supra) .

Considering the aforesaid, the instant writ petition is disposed of with the direction to the respondent no. 4 to consider the claim of the petitioners for being given the salary to the post of Headmaster- In charge in accordance with law and the relevant rules as well as the Division Bench judgment of this Court in the case of Tripurari Dubey (supra) which consideration would be done within a period of six weeks from the date of receipt of a certified copy of this order.

(Abdul Moin,J.)

September 24, 2025

A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench