K. M. Joseph, C.J. - (1.) The petitioner has approached this Court seeking the following reliefs :- "a) Issue a writ, order or direction in the nature of Mandamus commanding / directing the respondents to grant the salary of the post of Principal to the petitioner as per the provisions of Regulation-2 (3) of the Intermediate Education Act, 1921 and Regulation 2 (3) of Chapter II framed under the Uttaranchal School Education Act, 2006, as the petitioner worked on the post of Officiating Principal with effect from 01.05.2010 to 31.07.2011. b) Issue a writ, order or direction in the nature of Mandamus commanding / directing the respondents to refix the pension of the petitioner after granting the benefit of salary of the post of Principal and release the arrears of difference of salary forthwith alongwith interest."
(2.) We have disposed of similar matter today in Writ Petition No. 428 of 2017 (S/B). In fact, the issue relates to the same institution. The issue is that the petitioner discharged the duties of Officiating Principal from 1st May, 2010 to 31st July, 2011 and is not paid the officiating pay.
(3.) Regarding this matter, support is derived from the Judgment of the Full Bench, Kanti Prasad Dadpuri & three others Vs. State of Uttarakhand and others,2012 1 UD 589. Today we have also followed the Full Bench judgment in Writ Petition No. 428 of 2017 (S/B) and granted relief for payment of salary. The only objection, which is raised by Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand is that the petitioner has approached this Court after a delay of nearly six years and the representation was made only after the retirement.;