Arya Kumar and 9 Others Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Arya Kumar and 9 Others Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4/District Basic Education Officer, Lucknow 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 (supra), within two months from receipt of a certified copy of the order.

Issue for consideration

Whether the petitioners, who were given officiating charge of the post of Headmaster yet were not being paid the salary of that post, should have their claim considered and acted upon in light of the Division Bench judgment of this Court in Tripurari Dubey (supra).

Court's answer

The contesting respondents did not dispute the question of law as decided by the Division Bench of this Court in the case of Tripurari Dubey (supra).

Ratio / Principle

The writ petition is disposed of with a direction to respondent no. 4/District Basic Education Officer, Lucknow to consider the claim of the petitioners for being given the salary of the post of Headmaster-In charge in accordance with law, the relevant rules, and the Division Bench judgment in Tripurari Dubey (supra).

Key takeaways

The said consideration shall be carried out within a period of two months from the date of receipt of a certified copy of the order.ratio¶¶20

Detailed headnote1 paragraphs

Service law — officiating charge — payment of salary. Petitioners (Arya Kumar and 9 others) were given officiating charge of the post of Headmaster but were not being paid the salary of that post. Their grievance was already covered by the Division Bench judgment of the Allahabad High Court in Special Appeal No. 652 of 2024 (Secretary, UP Basic Education Board and Ors v. Tripurari Dubey and Ors), 2025: AHC:67382-DB, which stood affirmed with the dismissal of Special Leave to Appeal (C) No. 22427 of 2025 by order dated 13.08.2025. The contesting respondents did not dispute the question of law settled therein. With the consent of counsels, the writ petition was disposed of finally, directing respondent no. 4/District Basic Education Officer, Lucknow to consider the petitioners' claim for salary of the post of Headmaster-In charge in accordance with law, the relevant rules and the Tripurari Dubey judgment, within two months of receipt of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 13571 of 2025

Arya Kumar And 9 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Abhay Dinesh	Pratap Y Kumar Ya	adav, Ashish Kumar Gupta, dav
Counsel for Respondent(s)	: C.S.C.,	Ran Vijay	Singh, Uday Veer Singh

Court No. - 18

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the petitioners, Mr. Ravi S. Tewari, learned Additional Chief Standing Counsel for the respondent nos.1 & 3, Mr. Ran Vijay Singh, learned Additional Chief Standing Counsel appearing on behalf of the respondents no.2, Mr. Uday Veer Singh, learned counsel for the respondent no. 4.

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 S pecial 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) .

Learned counsel appearing on behalf of the contesting respondents do not

WRIA No. 13571 of 2025

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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/District Basic Education Officer, Lucknow 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 two months from the date of receipt of a certified copy of this order.

November 24, 2025 Ram Murti

(Shree Prakash Singh,J.)

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench