Uttarakhand High Court

WPSB/340/2019 on 16 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                        2025:UHC:6172-DB
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                             COURT'S OR JUDGE'S ORDERS
No.            directions and
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              with Signatures
                                  WPSB/340/2019
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Mr. Rahul Adhikari, Advocate, holding brief of Mr. Ganesh Kandpal, Advocate for the petitioner.

2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand / respondents.

3. Petitioner was appointed as Lecturer (Hindi) in a Government Aided Institution, namely Lal Bahaduri Shastri Inter College, Saneti, District Bageshwar w.e.f. 01.02.1991. The post of Principal in the said college fell vacant on 04.02.2005; petitioner was given charge as Officiating Principal, on 15.02.2005; and thereafter on 09.07.2005, the competent authority granted approval for handing over officiating charge as Principal to petitioner. Petitioner was promoted as Downgrade Principal w.e.f. 18.10.2011, vide order dated 12.10.2012, and thereafter he retired from service on 31.08.2016.

4. In this writ petition, petitioner has sought the following reliefs:-

"1- a writ, order or direction in the nature of mandamus directing the respondents to grant salary of the post of Principal to the petitioner from the date when the petitioner took charge as officiating Principal in the institution as per the Law laid down in W.P. No. 1155/2008 (S/S) "Suresh Chand Sharma V/s State & others" and W.P. No. 55 (S/B) 2011 Sri Kanti Prasad Dadpuri and others V/s State and others.

2-a writ, order or direction in the nature of mandamus directing the respondents to grant the arrear of the salary of the post of principal to the petitioner from the date of appointment as officiating principal to till the date of retirement i.e. between the period 15.2.2005 to 31.3.2017."

2025:UHC:6172-DB

5. Learned State Counsel, however, has drawn attention of this Court to paragraph no. 17 of the Counter Affidavit, filed by Mr. Naresh Sharma, Chief Education Officer, Bageshwar, where it is stated that petitioner would have completed five years service as Downgrade Principal on 18.10.2016, however, he retired on 31.08.2016, before completing five years as Downgrade Principal, therefore, he is not entitled to the benefits available for the post of Principal

6. Learned counsel for the petitioner, however, relies upon judgment rendered by Division Bench of this Court in a Review Petition, which was reportedly affirmed by Hon'ble Supreme Court. He submits that in view of the said judgment, petitioner is entitled to all benefits for the post of Principal.

7. Without expressing any opinion on the merits of the claim staked by petitioner, we think that ends of justice would be met, if petitioner is permitted to approach the competent authority.

8. We, accordingly, dispose of the writ petition by permitting petitioner to make representation to the Director, Secondary Education, within three weeks from today. If petitioner makes such representation within stipulated time, the Director shall look into the matter and take decision, as per law, within five months from the date of production of certified copy of this order.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 16.07.2025 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a

CHANDRA 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.16 16:48:35 +05'30'