Court No. - 58
Case :- WRIT - A No. - 27139 of 2018 Petitioner :- Mahkar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Naveen Kumar Tripathi Counsel for Respondent :- C.S.C.,A.K.S.Parihar,Satyaveer Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Ajay Kumar Singh for the Board and learned Standing Counsel for the State authorities.
This writ petition has been filed with the prayer to restrain the respondents from interfering in the peaceful functioning of the petitioner as Officiating Principal in Janta Inter College Aaku, Bijnor.
It is stated that the office of Principal has fallen vacant and being the senior most teacher, petitioner's signature as Officiating Principal has been attested on 26.4.2018 by the District Inspector of Schools, Bijnor. It is stated that though the order has attained finality, yet the petitioner is not being permitted to work as the Officiating Principal.
Petition is opposed by learned Standing Counsel.
From the perusal of the materials brought on record, it does not appear that any order has been passed adversely affecting the petitioner. The grievance that the District Inspector of Schools is interfering with the working of petitioner, therefore, is not substantiated.
In the facts and circumstances, it is provided that in case petitioner has not been released salary of the post of Principal on account of his working as such on officiating basis, it would be open for him to represent his grievance before the respondent no.4, who shall take an appropriate decision, in accordance with law, within a period of three months from the presentation of certified copy of this order.
Needless to state that this Court has not adjudicated the claim of petitioner on merits, and all issues are left open to be considered by the authority concerned, at the first instance.
Order Date :- 19.12.2018 Anil