KANTI PRASAD DADPURI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-6-41
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on June 20,2012

KANTI PRASAD DADPURI Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) In Writ Petition No. 1155 of 2008 (S/S) Suresh Chand Sharma Vs. State of Uttarakhand & others,2009 2 UD 241, a learned Single Judge, by a judgment dated 13.07.2009, held that the petitioner officiating on the post of Principal was liable to be paid the salary of the post of Principal w.e.f. the date he took charge as Officiating Principal. Against this judgment, Special Appeal No. 45 of 2010 was filed by the State of Uttarakhand & others. The Division Bench, by its decision dated 15.04.2010 dismissed the appeal and affirmed the judgment of the learned Single Judge. While dismissing the appeal, the Division Bench took into consideration Regulation 2(3) of Chapter II of the Regulation framed under the Intermediate Education Act, 1921 (hereinafter referred to as the 'Regulations'). A Division Bench, while hearing the present writ petition, doubted the correctness of the decision dated 15th April, 2010 contending that Regulation 2(1) of Chapter II of the Regulations had not been considered. Accordingly, the writ petition was placed before the larger Bench and, this is how, this petition has come up before this Full Bench.
(2.) The petitioners have filed the present writ petition praying for a writ of mandamus commanding the respondents to pay them the salary of the post of Principal from the date when they took charge as Officiating Principal.
(3.) The facts leading to the filing of the writ petition is, that one Mohan Singh Bhandari retired as Officiating Principal on 05.12.2006, but continued to work till the end of the academic session i.e. 31st March, 2007 in Inter College Devikhal Bagyansu, District Pauri Garhwal. The Committee of Management passed a resolution dated 04th March, 2007 recommending the appointment of petitioner No. 1 as Officiating Principal upon the retirement of Mohan Singh Bhandari since the petitioner No. 1 was the senior-most Lecturer in the institution. Pursuant to the said resolution, the Manager, by an order dated 31st March, 2007 directed the petitioner No. 1 to take charge as Officiating Principal of the institution w.e.f. 01.04.2007. The petitioner No. 1 took charge on 01.04.2007 and his signatures were duly verified by the authorities. His appointment as Officiating Principal was subsequently approved by the District Education Officer. The petitioner No. 1 while working as Officiating Principal retired from service upon reaching the age of superannuation.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.