Parmanand Dubey vs State Of U.P. And Others
2023 Latest Caselaw 9889 ALL

Citation : 2023 Latest Caselaw 9889 ALL
Judgement Date : 4 April, 2023

Allahabad High Court

Parmanand Dubey vs State Of U.P. And Others on 4 April, 2023

Bench: Saurabh Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 27395 of 2009
 

 
Petitioner :- Parmanand Dubey
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- S.P. Pandey
 
Counsel for Respondent :- C.S.C.,S.K. Chaubey,V.B. Mishra
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri A.C. Tiwari, Sri N.L. Pandey, Sri J.A. Azmi and Sri Akhilesh Kumar Singh learned counsel for petitioner and Sri V.B. Mishra, learned counsel for respondent-University in respective petitions.

2. In the writ petition, only question for consideration is whether petitioner, while working as Officiating Principal, entitled to salary for post of Principal. Relying on Statute 12.22 of the first Statute of Sampurnanand Sanskrit University, his salary as Officiating Principal was denied.

3. It is 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 facts.

5. Thus, in view of aforesaid decisions and for the reasons given therein, this writ petition is allowed.

6. The petitioner shall be entitled for salary for the period he worked as Officiating Principal and it shall be paid by respondents expeditiously.

7. The entire exercise shall be completed as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order.

Order Date :- 4.4.2023

Ashutosh