Kamta Prasad and 66 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Kamta Prasad and 66 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No direct payment ordered. Petition disposed by direction: petitioners to submit fresh individual applications/representations before respondent no.3 (District Basic Education Officer, Fatehpur) within three weeks with certified copy of this order; respondent no.3 to consider and decide strictly in accordance with law, keeping in mind the directions issued in Tripurari Dubey (supra), by reasoned and speaking order after proper opportunity of hearing, expeditiously, preferably within two months of production of certified copy, if there is no legal impediment.

Issue for consideration

Whether respondent authorities should be directed to pay the petitioners, who are working as Incharge Headmaster/Headmistress, the salary of the post of Headmaster/Headmistress together with arrears.

Court's answer

The petitioners may make fresh application/representation, individually, ventilating all their grievances, supported by documents as may be advised, before respondent no.3 - District Basic Education Officer, District-Fatehpur, within three weeks, along with a certified copy of this order.

Ratio / Principle

On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same strictly in accordance with law, keeping in mind the directions issued in Tripurari Dubey (supra).

Key takeaways

The representation is to be decided by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within two months from the date of production of certified copy of this order, if there is no legal impediment.ratio¶14
This court disposed of the writ petition considering the facts and circumstances, expressly without expressing any opinion on the merits of the case set up on behalf of the petitioners.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (WRIT - A No. - 14004 of 2025, Court No. 52; Mrs. Manju Rani Chauhan, J.; September 17, 2025) disposed of, without expressing any opinion on the merits, a writ petition by Kamta Prasad and 66 others (67 petitioners working as Incharge Headmaster/Headmistress) seeking a direction to respondent authorities to pay salary of the post of Headmaster/Headmistress and arrears. Learned counsel for respondent nos. 2 to 4 pointed out that the controversy was settled by the Division Bench in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others), decided on 30.04.2025, affirmed by the Apex Court by dismissal of Special Leave to Appeal (C) No. 22427 of 2025 vide order dated 13.08.2025. The court directed the petitioners to make fresh individual representations, supported by documents, before respondent no.3 - District Basic Education Officer, District-Fatehpur within three weeks with a certified copy of the order; respondent no.3 is to consider and decide strictly in accordance with law, keeping in mind the directions issued in Tripurari Dubey (supra), by a reasoned and speaking order after proper opportunity of hearing, as expeditiously as possible, preferably within two months from production of the certified copy, if there is no legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 14004 of 2025

Kamta Prasad And 66 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Dhiranjan Singh Patel, Sheo Kinkar Singh, Suryaprakash Sharma
Counsel for Respondent(s)	: C.S.C., Shivendra Singh Bhadauria
Court No.- 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Shivendra Singh Bhadauria, learned counsel for respondent nos.2 to 4 and perused the record.

The petitioners, who are 67 in number, have preferred instant writ petition for a direction upon respondent authorities to pay the salary to the petitioners for the post of Headmaster/ Headmistress and pay arrears since they are working as Incharge Headmaster/ Headmistress within some stipulated period.

Learned counsel for the petitioners submits that for ventilation of their grievances, the petitioners have approached the authority concerned by moving representations. However, despite several representations moved by the petitioners, no heed has yet been paid.

Learned counsel for respondent nos. 2 to 4 submits that the controversy regarding payment of the aforesaid has already been settled by the Division Bench of this Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others) decided on 30.04.2025. The aforesaid order has been affirmed by the Apex Court by dismissal of the Special Leave to Appeal, vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025 . However, he submits that in case a fresh representation is given by the petitioners individually before the respondent no.3, the same may be decided in accordance with law.

WRIA No. 14004 of 2025

2

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/representation, individually, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.3 - District Basic Education Officer, District-Fatehpur 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, strictly in accordance with law, keeping in mind the directions issued in Tripurari Dubey (supra), 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.

(Mrs. Manju Rani Chauhan,J.)

September 17, 2025

Jitendra/-

Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad