Court No. - 34
Case :- WRIT - A No. - 35341 of 2007 Petitioner :- Moti Lal Shukla Respondent :- State Of U.P. Thru Chief Secretary And Others Counsel for Petitioner :- A.C. Tiwari Counsel for Respondent :- C.S.C.,K.K.Pal,V.B.Misra With Case :- WRIT - A No. - 22515 of 2010 Petitioner :- Dr. Ramapati Mishra Respondent :- State of U.P. and Others Counsel for Petitioner :- Prashant Mani Pandey Counsel for Respondent :- C. S. C.
With Case :- WRIT - A No. - 59442 of 2010 Petitioner :- Dr. Shiv Mani Mishra Respondent :- State of U.P. and Others Counsel for Petitioner :- Pradeep Upadhyay,N.L. Pandey Counsel for Respondent :- C. S. C.,A.K. Singh,B. Misra,N.B. Mishra,V.
B. Mishra With Case :- WRIT - A No. - 38870 of 2012 Petitioner :- Dr. Chandra Shekhar Dube Respondent :- State of U.P. and Others Counsel for Petitioner :- S.K. Rao,O.P. Singh Counsel for Respondent :- C.S.C.,V.B. Mishra With Case :- WRIT - A No. - 10070 of 2015 Petitioner :- Dr. Shiv Sahai Pandey Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- J. A. Azami Counsel for Respondent :- C.S.C.,V.B. Mishra With Case :- WRIT - A No. - 64106 of 2015 Petitioner :- Dr. Parmeshwar Dutt Shukla Respondent :- State of U.P. and 5 others Counsel for Petitioner :- Vinay Kumar Rai, Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.,Neeraj Tripathi,Ved Byas Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri A.C. Tiwari, Sri N.L. Pandey, Sri J.A. Azmi and Sri Akhilesh Kumar Singh learned counsel for petitioners and Sri V.B. Singh, learned counsel for respondent-University in respective petitions.
2. In all these writ petitions, only question for consideration is whether petitioners, while working as Officiating Principal, were entitled to salary of post of Principal. Relying on Statute 12.22 of the first Statute of Sampurnanand Sanskrit University, their salary as Officiating Principal was denied.
3. We are informed that aforesaid provision has been struck down by a learned Single Judge in Service Bench No. 1590 of 2008, Dr. Bramhanand Shukla Vs. State of U.P. through Secretary, High Education decided on 29.5.2019 relying upon a Full Bench Judgment of this Court in .Dr. Jai Prakash Narayan Singh Vs. State of U.P. and others, [2014 (8) ADJ 617 (FB)]
4. Sri V. B. Mishra, learned counsel for University could not dispute aforesaid fact.
5. Thus, in view of aforesaid decisions and for the reasons given therein, these writ petitions are allowed.
6. The petitioners shall be entitled for salary for the period they have worked as Officiating Principal and it shall be paid by respondents expeditiously.
Order Date :- 27.11.2019 Ram Murti