Allahabad High Court
C/M Bilhaur Inter College And Another vs State Of Up And 3 Others on 11 March, 2024
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:43190 Court No. - 10 Case :- WRIT - C No. - 8281 of 2024 Petitioner :- C/M Bilhaur Inter College And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- Alok Dwivedi,C.S.C. Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the order dated 15.2.2024 passed by the District Inspector of Schools, Kanpur Nagar (hereinafter referred to as, 'D.I.O.S.') directing for single operation of the accounts of the Institution named as Bilhaur Inter College, Bilhaur, District-Kanpur Nagar.
The order has been passed on the ground that despite repeated orders, the salary of respondent No. 4, who is the Officiating Principal of the Institution is not being paid even though the order passed by the Committee of Management putting the respondent No. 4 under suspension has already been disapproved by the D.I.O.S. The order has been passed by the D.I.O.S. under Section 3(3) of the U.P. High Schools And Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.
It has been argued by the counsel for the petitioner that a recall application dated 2.11.2023 has already been filed by the petitioner for recall of the order passed by the D.I.O.S. whereby he had disapproved the suspension order passed by the Committee of Management.
The mere fact that a recall application has been filed before the D.I.O.S. is not material and is no ground for the institution to deny the salary to respondent No. 4 after the order of suspension has been disapproved by the D.I.O.S. The respondent No. 4 is still in service as Officiating Principal and is entitled to his salary as Principal.
There is no jurisdictional error in the order dated 15.2.2024 passed by the District Inspector of Schools, Kanpur Nagar.
The petition is dismissed.
Order Date :- 11.3.2024 Anurag/-