Allahabad High Court
Ajeet Pratap Singh vs State Of U.P. Thru. Addl. Chief ... on 31 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:41764
Court No. - 20
Case :- WRIT - A No. - 4495 of 2024
Petitioner :- Ajeet Pratap Singh
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Secondary Education U.P. And 3 Others
Counsel for Petitioner :- Vinod Kumar Shukla,Alok Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Shree Prakash Singh,J.
Heard Sri Vinod Kumar Shukla, learned counsel for the petitioner and Sri Ran Vijay Singh, learned counsel for the State.
By means of instant writ petition, the petitioner has sought a writ of mandamus commanding the opposite parties to pay the regular salary to the petitioner admissible to the post of Principal regularly for each and every month extending the benefit of the Judgment rendered in Writ Petition No. 1590(S/B) of 2008(Dr. Bramha Nand Shukla Vs. State of U.P. & Others) and further the mandamus is sought commanding the opposite parties to make payment of arrears of salary to the petitioner for the post of Principal w.e.f. 01.07.2020 i.e. the date on which the petitioner has been appointed as Principal in the officiating capacity.
It is contended by the learned counsel for the petitioner that the petitioner was initially appointed as Assistant Teacher (Grammar (Vyakaran) on 07.12.2009 in the institution namely, Shri Radhakrishan Sanskrit Mahavidyalaya, Rajamau (Bachhrawan),district-Raebareli(hereinafter referred to as 'institution') and thereafter, the post of Principal in the institution in question, fell vacant due to the retirement of Sri Raj Mani Tripathi and the petitioner being the second seniormost teacher in the institution, was offered appointment on the post of Principal in the officiating capacity on 01.07.2020 and since 01.07.2020, the petitioner is working as officiating Principal in the institution and his signature as officiating Principal has duly been verified by the District Inspector of Schools and since then, the petitioner is continuously working on the said post.
He argued that the petitioner is not being paid salary for the post of Principal while taking shelter of the provisions of 12.22 of the first statute of the Sampoornnad Sanskrit University, Varanasi, though the same has already been quashed vide the Judgment and Order dated 29.05.2019, passed in Writ Petition No. 1590(S/B) of 2008 and thus, there is no hurdle to extend the benefit for payment of the salary to the petitioner for the post of the Principal. He also added that the petitioner has already sought for payment of salary, but, no decision has been taken as yet, therefore, submission is that the opposite party no. 2 i.e. Director, Secondary Education, U.P., Lucknow may be directed to consider and decide the claim of the petitioner for payment of salary for the post of Principal(officiating) in the light of the Judgment and order dated 29.05.2019 passed in Writ Petition No. 1590(S/B) of 2008.
On the other hand, Sri Vivek Shukla, learned Additional Chief Standing Counsel appearing for the State, though has opposed the matter on factual matrix, but, he has no objection with respect to grant of the benefit, which is accorded vide Judgment and Order dated 29.05.2019 passed in Writ Petition No. 1590(S/B) of 2008.
Considering upon the submissions of learned counsels for the parties and after perusal of material placed on record, it transpires that the petitioner was initially appointed as Assistant Teacher in the institution and once the regular Principal was suspended and the post of Principal fell vacant, he being the seniormost teacher was given the officiating charge of the Principal in the year 2020, and he is continuously working on the post as per the averments and pleadings made in the writ petition.
I have noticed the fact that vide Judgment and order dated 29.05.2019, passed in Writ Petition No. 1590(S/B) of 2008, the provisions of clause 12.22 of the first statue have been quashed and a direction was given for payment of salary to the Principal, who was working on officiating basis. This issue was again raised before the Division Bench of this court at Allahabad, which has also taken the same view and the matter is settled upto the Hon'ble Apex Court.
In view of the above, this court is of the considered view that the petitioner is entitled for the same benefit as is granted vide Judgment and Order dated 29.05.2019 passed in Writ Petition No. 1590 (S/B) of 2008.
Thus, the opposite party no. 2 i.e. Director, Secondary Education, U.P., Lucknow is hereby directed to consider and decide the claim of the petitioner in the light of the Judgment and order dated 29.05.2019 passed in Writ Petition No. 1590(S/B) of 2008 within period of eight weeks from the date a certified copy of this order is produced before him.
With the aforesaid observations, the writ petition is hereby disposed off, at the admission stage.
Order Date :- 31.5.2024
Ram Murti
