Devendra Kumar Arora, J. - (1.) Heard learned Counsel for the parties. The submission of learned Counsel for the Petitioner is that the post of Principal fell vacant in Dr. G.K. Jetaly Inter College, Akbarpur, Ambedkar Nagar. The Petitioner being senior most Lecturer of the college, was given charge of the post of Principal with effect from 01.07.2006 in pursuance to the provisions of Sec. 18 of the U.P. Secondary Education Services Selection Board Act, 1982.
(2.) The further submission of learned Counsel for the Petitioner is that as per Sec. 18 (2) of the Act, 1982 the Petitioner is entitled to get salary for the post of Principal from the date he has joined on the said post. The learned Counsel for the Petitioner also placed reliance on the judgment of this Court reported in : 2009 (1) UPLBEC 426, Zafar Ali Khan Hatmi (Dr.) v/s. State of U.P. and Ors : 2009 (1) UPLBEC 426, in which the Division Bench of this Court while relying upon the judgment of Apex Court in Selva Raj v/s. Lt. Governor of Island, Port Blair and Ors. : AIR 1999 SC 838 held that if an employee has worked on a higher post either on temporary or on officiating capacity he is entitled to the salary attached to the higher post. Learned Standing Counsel did not dispute the provisions of Sec. 18 (2) of the Act, 1982.
(3.) I have considered the arguments of learned Counsel for the parties and gone through the record.;