Abu Talah Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Abu Talah Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: impugned order dated 4.10.2025 set aside; matter remanded to the concerned respondent to decide the other two employees' dismissal dispute within four weeks and thereafter the petitioner's dispute, failing which the petitioner's case is to be considered independently.

Issue for consideration

Whether, the concerned authority having not decided the matter on merit while awaiting the outcome of a related dispute (dismissal of two Assistant Teachers), there is any order to challenge before this Court, and whether the writ petition should be decided at first instance. +1 more

Court's answer

Since the concerned authority has still not decided the matter on merit, waiting the outcome of the other dispute, there is no order to challenge before this Court; the Court declined to decide the case at first instance on merit.

Ratio / Principle

The dispute of the other two employees (arising from orders of dismissal) shall be decided within four weeks in accordance with law after hearing all concerned parties; the petitioner's dispute shall subsequently be decided in accordance with law; if the concerned respondent is unable to decide the other two employees' dispute even after four weeks, the petitioner's case shall be considered independently.

Key takeaways

The impugned order dated 4.10.2025 is set aside and the matter is remanded to the concerned respondent to comply with the aforesaid directions, taking note, if necessary, of the Division Bench order in Special Appeal Defective No.776 of 2025.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Shyam Shamshery, J.) disposed of a writ petition by Abu Talah without deciding the merits at first instance. The concerned authority had not decided the matter on merit, awaiting the outcome of a related dispute concerning dismissal of two Assistant Teachers, pending before the District Welfare Officer/Committee of Management pursuant to an earlier direction of this Court; accordingly the Court held there was no order to challenge and declined to decide the case at first instance. The impugned order dated 4.10.2025 was set aside and the matter remanded with directions to decide the other two employees' dispute within four weeks and the petitioner's dispute thereafter; failing decision within four weeks, the petitioner's case is to be considered independently. The authority may take note of the Division Bench order in Special Appeal Defective No.776 of 2025, if necessary.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 5689 of 2026

Abu Talah

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mritunjay Mohan Sahai
Counsel for Respondent(s)	: C.S.C., Satyam Singh

Court No. - 32

HON'BLE SAURABH SHYAM SHAMSHERY, J.

1.Heard learned counsel for the parties.

At this stage Court finds that concerned authority has not decided the matter on merit on a ground that a matter arising out of dispute of dismissal of two Assistant Teachers is pending before District Welfare Officer/Committee of Management on basis of a direction passed by this Court in earlier round of litigation

Learned counsel for the petitioner submits that dispute of petitioner can still be decided independently since it will have no bearing on outcome of referred dispute.

Per contra, learned counsel or the respondents submits that outcome of other dispute of two Assistant Teachers will have a bearing on prayer of present writ petition.

I have considered the above submissions and since concerned authority has still not decided matter on merit waiting outcome of other dispute therefore, there is no order to challenge before this Court and in case Court decides the issue, it will be at first instance, which was not the intention of this Court, when earlier matter was remanded to the concern authority, therefore, Court will not decide the case at first instance on merit.

So far as other submission of learned counsel for petitioner is concern, present writ petition is disposed of with following directions:

(a) Matter in regard to other two employees arising out of from order of dismissal shall be decided within a period of 4 weeks in accordance with law after hearing all concern parties and subsequently dispute of the petitioner be decided in accordance with law after hearing concern parties and in case

WRIA No. 5689 of 2026

2

concern respondent is not able to decide the dispute in regard to other 2 employees even after 4 weeks, case of the petitioner shall be considered independently.

(b) For the aforesaid reason and direction, impugned order dated 4.10.2025 is set-aside and matter is remanded to concern respondent to comply with aforesaid direction and if necessary order passed by Division Bench in Special Appeal Defective No.776 of 2025 be taken note of.

(Saurabh Shyam Shamshery,J.)

May 6, 2026 SB

Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad