SMT. KUSUM SHARMA Vs. D.I.O.S. AND ANR.
LAWS(ALL)-2011-4-560
HIGH COURT OF ALLAHABAD
Decided on April 20,2011

Smt. Kusum Sharma Appellant
VERSUS
D.I.O.S. And Anr. Respondents

JUDGEMENT

Satyendra Singh Chauhan, J. - (1.) HEARD learned Counsel for the Petitioner and the learned Standing Counsel.
(2.) THIS petition has been filed for issue of a writ of mandamus directing the Respondents to pay the difference of the salary to the Petitioner of the post of Principal vis a vis of Lecturer. Further prayer has been made for issue of a writ of certiorari quashing the impugned order dated 31.7.2001 by means of which claim of the Petitioner has been rejected. The Petitioner was initially appointed on the post of Lecturer (Art) on 01.02.1967 and thereafter she was promoted on officiating basis on the post of Principal with effect from 02.07.1991. The Petitioner continued to discharge her duties as officiating Principal up to 30.6.1999, on which date she retired.
(3.) LEARNED Counsel for the Petitioner submits that since Petitioner has continuously worked on the post of Principal, she is entitled for difference of salary of the post of Principal vis a vis of Lecturer. Although the Petitioner has been continuously paid the salary of the post of Lecturer but the salary of the post of Principal has never been paid to her. He further submits that law in this regard has been settled that if a person is discharging her duties as officiating Principal, she is entitled for the salary of the post of Principal. Learned Counsel for the Petitioner has placed reliance upon the case reported in : (1983) 4 SCC 291 Smt. P. Grover v. State of Haryana and Anr. He also submits that the case of the Petitioner is squarely covered by the aforesaid judgment.;


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