Allahabad High Court
Kanhaiya Lal Jha vs State Of U.P. And 6 Others on 29 March, 2023
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 4905 of 2023 Petitioner :- Kanhaiya Lal Jha Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhishek Kumar Counsel for Respondent :- C.S.C.,Shesh Kumar Srivastava Hon'ble Ajit Kumar,J.
The petitioner before this Court has retired as Principal of Nimbark Sanskrit Mahavidyalay, Mathura. He was initially appointed as officiating Principal on 5.1.1998 but subsequently got promoted as a regular Principal of the said institution and approval to his promotion came to be done by the Vice Chancellor in purported exercise of power under statute No. 31 (11) of the first Statute of the University on 30th January, 2017.
Petitioner attained the age of superannuation on 20.06.2022, however, while his pension has been calculated on the basis of last pay drawn as Principal of institution in the pay-scale of Rs. 1,22,900/- but for the period he officiated as Principal of the institution, no benefit has been conferred regarding fixation of pay as Principal of the institution and consequential arrears.
It is well settled law that Principal of the institution is entitled to the same salary as regular Principal of the institution as has been held by full bench of this Court in the case of Dr. Jai Prakash Narayan Singh v. State of U.P. and Others, 2014 (8) ADJ 617 and this judgment still holds the field and has been followed repeatedly in various subsequent authorities of this Court.
Sri Sesh Kumar, learned counsel for the respondent does not dispute the status of the petitioner initially as officiating Principal and then regular Principal of the institution, which is affiliated to the University.
In the circumstances, therefore, the Court is of the prima facie view that the education authorities have no no reason to keep the matter pending regarding decision to revise pension as prayed for.
The petitioner has drawn the attention of the Court to three letters, he has already sent by registered post to the District Inspector of Schools on 8.12.2022, 2nd January, 2023 and reminder thereof on 2nd February, 2023.
In the circumstances, therefore, this petition stands disposed of with direction to the District Inspector of Schools to take appropriate decision in the matter immediately as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order in the light of observations made hereinabove and the law laid down by full bench of this Court.
Order Date :- 29.3.2023 Sanjeev