Allahabad High Court
Surendra Kumar vs State Of U.P. And 3 Others on 4 April, 2023
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 982 of 2023 Petitioner :- Surendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Sri Rajesh Yadav, learned counsel for the contesting respondent Committee of Management.
Petitioner before this Court has claimed payment of salary for the period w.e.f. March 2017 till January 2022 when he officiated as Principal of the Institution on the premise that officiating Principal of the Institution is entitled to the same salary as of a regular Principal of the Institution in view of the Full Bench of this Court in Chandrawati Devi v. State of U.P. & Others, (2021) ILR 1 All 818.
Sri Rajesh Yadav, learned counsel for the contesting respondent Committee of Management submits that the District Inspector of Schools may be directed to consider the claim of the petitioner strictly in accordance with law after hearing the Committee of Management also.
Sri V.K. Pal, learned Standing Counsel also does not have any objection in the event matter is directed to be decided by the District Inspector of Schools, Amroha strictly in accordance with law.
In view of the above, this petition stands disposed of with a direction to the District Inspector of Schools, Amroha to look into and consider the claim of the petitioner for payment of salary of the post of Principal as admissible in law for the period w.e.f. March 2017 to January 2022 during which the petitioner had officiated as Principal of the Institution. The District Inspector of Schools, Amroha shall be providing opportunity of hearing to not only the petitioner but also the Committee of Management at the same time and will be passing reasoned and speaking order as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.
Order Date :- 4.4.2023 IrfanUddin