A.N.Varma, J. - (1.) The petitioner was a confirmed lecturer in Mathematics in the Shivaji Inter College, Knukhondoo, Deoria.
(2.) Purporting to exercise powers under the proviso to clause 2 of Chapter II of the Regulations framed under the Intermediate Education Act, 1921 on the retirement of the permanent Principal namely Sri Banshidhar Dixit of the aforesaid College, the committee of management pasted a resolution dated 9th of October, 1977 appointing the petitioner as the officiating Principal of the College. It is not disputed that the petitioner has since been working as the officiating Principal of the College. When however, the Manager of the College forwarded the bills of the petitioners salary as the Principal of the College to the District Inspector of Schools, the latter refused to clear the bills of the petitioner on the ground that there was no provision for payment of salary in the principals grade to those who were appointed merely to net as affiliating Principal. The petitioner, thereafter, personally met the District Inspector of schools and placed before him his grievance that under the proviso to Regulation 2 of Chapter II of the aforesaid Regulations read with Regulations 46 of Chapter III of the Regulations the petitioner was entitled to be paid the salary of a Principal. Having failed to obtain any redress from the District Inspector of Schools, the petitioner has approached this court under Article 226 of the Constitution of India.
(3.) The petitioner contends that the proviso to Regulation 2 of Chapter II was clearly attracted to his case and that consequently be was entitled under Regulation 46 of Chapter III to be paid the salary of a Principal. Learned Standing counsel on the other hand submitted that under the various Removal of Difficulties Orders issued by the Government from time to time the petitioner could be appointed as officiating Principal for a period not exceeding six months. He was hence not entitled to be paid any salary beyond that period.;