Court No. - 37
Case :- WRIT - A No. - 11931 of 2019 Petitioner :- Iqbal Hasan Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
The petitioner claims himself to be retired from the post of Lecturer while officiating as Principal of an aided minority institution. The petitioner was made officiating Principal on 31.3.2017 and the signatures were attested on 20.4.2017. He continued as such and retired on 31.3.2019. For the period that the petitioner officiating as Principal, he is claiming salary that of Principal. The petitioner had filed a writ petition and the D.I.O.S. was directed to consider the same and now the D.I.O.S. has passed as order refusing the salary on the ground that the U.P. Secondary Education Services Selection Board Act, 1982 (in short "1982 Act") is not applicable in which it is submitted under Section 18 that an Officiating Principal would be entitled to salary of a Principal for the period exceeding 30 days. It is not disputed that 1982 Act is not applicable to minority institution.
Learned counsel for the petitioner has relied upon a decision of this Court in the case of Soloman Morar Jha Vs. District Inspector of Schools, Deoria and others, reported in 1985 UPLBEC 113 in which in similar circumstances the writ petition was allowed directing to pay salary of the petitioner for officiating as Principal of a minority institution.
The writ petition is disposed of with the observation that the D.I.O.S-respondent no. 2, keeping in mind the decision of this Court mentioned above will pass a fresh order within a period of two months from the date a certified copy of this order is presented before it.
Order Date :- 26.8.2019 Sunil Kr. Gupta