Court No. - 28
Case :- WRIT - A No. - 40765 of 1996 Petitioner :- Tirmal Singh Respondent :- Comm. Of Management, S.A.I. College, Bijnor & Others Counsel for Petitioner :- Ashok Bhushan?,A.M. Zaidi,Ashok Bhushan Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
This writ petition was filed by the petitioner praying for a direction to the respondents to allow him to function on the post of Principal of Sarvajanik Arya Inter College, Pheena, Bijnor in pursuance of his approval of appointment dated 22.11.1990 passed by the District Inspector of Schools, Bijnor and to treat him as substantively appointed Principal w.e.f. 6.4.1991 in the aforesaid Institution.
The petitioner's case is that Dr. Chandra Mohan Sharma was working as regular Principal in the Institution aforesaid since 1986 and he got selected as Principal in Novaday Vidyalaya and took leave from the Institution w.e.f. 18.6.1990. The petitioner being senior most lecturer was promoted on the post of Principal on adhoc basis and vide order dated 27.11.1990 his promotion was approved by the D.I.O.S. Bijnor. The petitioner claims that after his appointment the Institution went under the control of Prabandh Sanchalak in 1996 and the charge was given back to the Committee of Management w.e.f. 13.9.1996. Thereafter the Committee of Management started harassing the petitioner and making efforts to get him ousted from the Institution since the Committee was interested in appointing another person of their choice as Principal.
Against the disturbance in the functioning of the petitioner and preventing him from discharging his duties the petitioner has approached this Court and vide interim order dated 17.12.1996 respondents were directed to continue the petitioner on the post of Principal of the Institution until further orders.
The petitioner has retired from service on 30.6.2000 working on the post of Principal. Learned counsel for the petitioner has stated that the salary of the petitioner for November and December 1996 was not paid to him and the same is due which should be directed to be paid to the petitioner.
Since the appointment of the petitioner was duly approved by the D.I.O.S. Bijnor vide order dated 27.11.1990 and he was working from 18.6.1990 and has worked all through without any break in service, therefore, petitioner should be paid his arrears of two months salary of November and December 1996 within six weeks from the date of the presentation of certified copy of this order. His salary of two months is the salary wherein the petitioner was illegally denied working by the Committee of Management and therefore, the entitlement of the petitioner cannot be disputed. However, record of the payment of the salary of the petitioner shall be verified by the respondents before making the payment of salary, so that double payment may not be made to him.
With the aforesaid observations petition stands disposed of.
Order Date :- 27.3.2018 T. Sinha