- (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:
"18. Ad hoc Principals or Headmasters - (1) Where the management has notified a vacancy to the Board in accordance with sub -section (1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the Management shall fill such vacancy on purely ad hoc basis by promoting the senior most teacher, (a) in the lecturer's grade in respect of a vacancy in the post of the Principal; (b) in the trained graduate's grade in respect of a vacancy in the post of the Headmaster.

(2) Where the Management fails to promote the senior most teacher under sub -section (1), the Inspector shallhimself issue the order of promotion of such teacher and the teacher concerned shall be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he joins such post in pursuance of such order of promotion.

(3) where the teacher to whom the order of promotion is issued under sub -section (2) is unable to join the post of Principal or the Headmaster, as the case may be, due to any act or omission on the part of the Management, such teacher may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he submits the said report.

(4) Every appointment of an ad hoc Principal or Headmaster under sub -section (1) shall cease to have effect from the date when the candidate recommended by the Board joints the post."

The claim for adhoc appointment as Principal, is available to a teacher who is the senior most in the college. The appellant herein claimed to be the senior most. The above position was, however, disputed. It is, therefore, that the appellant preferred Writ Petition No. 37688 of 2006, which was allowed by the High Court of Judicature at Allahabad (hereinafter referred to as the 'High Court') on 24.5.2007. Ram Vir Sharma came to be held as the senior most teacher in the Raghuvir Sahai Inter College, Aligarh.

(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.