RAM VIR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE controversy in hand pertains to the Raghuvir Sahai Inter College, Aligarh (hereinafter referred to as the 'College'). One Shri S.K. Gupta was substantively appointed as its Principal. He attained the age of superannuation on 10.07.2005. His tenure of employment as Principal was, however, extended up to the end of the academic session, i.e., up to 30.06.2006, in terms of the prevailing norms.

(2.) THE appellant before this Court, i.e., Ram Vir Sharma claimed appointment as adhoc Principal against the vacancy created by Shri S.K. Gupta with effect from 1.7.2006 under Section 18 of the U.P. Secondary Education services Selection Board Act, 1982 (hereinafter referred to as the '1982 Act'). Section 18 of the 1982 Act is being extracted hereunder:

(3.) DESPITE the above determination, the appellant was not posted as Principal. In the above view of the matter, he again approached the High Court by filing Writ Petition No. 27316 of 2007. The above writ petition came to be allowed on 15.06.2007. In compliance thereof, he was posted as adhoc Principal of the college. The appellant retired on attaining the age of superannuation on 6.8.2007. Despite having attained the age of superannuation, he was permitted to continue to discharge the duties of the post of teacher till the end of academic session, i.e., up to 30.06.2008. He was, however, not allowed to discharge the duties of the post of Principal, after he attained the age of superannuation on 6.8.2007. He was also not granted emoluments of the post of Principal, till he continued to discharge the duties with the college as teacher. This was also on account of the modification of the order dated 15.06.2007 at the behest of Anil Kumar Saxena (respondent no.8 herein) vide order dated 14.08.2007. It is, therefore, that the appellant again approached the High Court by filing Special Appeal No. 803 of 2007, against an order of modification passed by the High Court on 14.08.2007 (in Writ Petition No. 27316 of 2007). The High Court, while not accepting the prayer made by the appellant, disposed of the above Special Appeal vide an order dated 25.09.2007. The order dated 25.09.2007 is the subject matter of challenge through the instant civil appeal.