Haridutt Dubey v. State Of U. P. Through Secy. Secondary Edu. Lko.
2020-12-14
MANISH MATHUR
body2020
DigiLaw.ai
JUDGMENT : Manish Mathur,J. 1. Heard Mr. Kaushal Tiwari, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 4. No-one has put in appearance on behalf of opposite party no.5. 2. Petition has been filed seeking a direction to opposite parties for payment of salary to petitioner on the post of Principal regularly along with arrears of salary with effect from July, 2013. Prayer no.(ii) with regard to regularization of services of petitioner on the post of Principal is being not pressed at this stage. 3. Learned counsel for petitioner has submitted that petitioner was appointed in the institution in question on 6.12.2006 as Assistant Teacher on ad hoc basis by the Management and when the post of Principal fell vacant on 01.07.2013 due to superannuation of the regular Principal, petitioner was given the officiating charge of the Principal of the institution on 03.09.2013 and vide order dated 03.09.2013 his signatures on the said post in the said capacity were verified by the District Inspector of Schools. It is submitted that petitioner as such is continuing to hold the post of Principal on officiating basis ever since 03.09.2013 without any selected candidate having joined on the post till date. It is thus submitted that petitioner is entitled to salary for the post of Principal of the institution in view of the Full Bench decision of this Court in Dr. Jai Prakash Narayan Singh v. State of U.P. and others reported in 2014 (8) ADJ 617 . 4. Learned State Counsel appearing on behalf of opposite parties on the basis of counter affidavit filed on behalf of opposite party no.3 submits that although petitioner was appointed as Assistant Teacher on ad hoc basis directly by the Management of the institution, he was never confirmed/regularised in service and therefore cannot be given service benefits at par with the regularly appointed teachers for this reason. As such, it is submitted that petitioner is not entitled for the salary of Principal on which post he is working only on officiating capacity. 5. Upon consideration of material on record and submissions advanced by learned counsel for the parties, it is admitted by opposite parties in paragraph 8 of counter affidavit that petitioner is performing functions for the post of Principal on officiating basis but salary is not being paid to him for the said post. 6.
5. Upon consideration of material on record and submissions advanced by learned counsel for the parties, it is admitted by opposite parties in paragraph 8 of counter affidavit that petitioner is performing functions for the post of Principal on officiating basis but salary is not being paid to him for the said post. 6. A Full Bench of this Court in Dr. Jai Prakash Narayan Singh(supra) has held as follows:- "We, accordingly, dispose of the reference in the following terms: (i) The decision in Daljeet Singh (supra) does not lay down the correct position in law; and (ii) An officiating principal appointed under the Statutes of the University, which are pari materia to the provisions of Statute 10-B of the First Statutes would be entitled to claim the payment of salary in the regular grade of principal for the period during which he or she has worked until a regularly selected candidate has been appointed and has assumed charge of the office. The reference before the Full Bench is accordingly disposed of. The proceedings shall now be placed before the regular Bench in accordance with the roster of work for disposal in the light of this judgment." 7. In view of the aforesaid, it is quite apparent that an officiating Principal appointed on the post of Principal is clearly entitled to salary of Principal. 8. Having regard to the above, petitioner is clearly entitled to salary for the post of Principal which he is admittedly holding on officiating basis. 9. Consequently the writ petition is partly allowed only with regard to prayer no.(i). A writ in the nature of Mandamus is issued commanding opposite parties 3 and 4 i.e. District Inspector of Schools, Sultanpur and Finance & Account Officer (Madhyamic) District Inspect of Schools, Sultanpur to make payment of arrears of salary for the post of Principal to petitioner with effect from July, 2013. The said arrears shall be paid to petitioner within a period of three months from the date a copy of this order is produced before the said opposite parties. Petitioner is also entitled to regular salary for the post of Principal of the institution in question so long as he continues to hold the said post in that capacity.