A.S. Tripathi, J. - (1.) THESE two writ petitions are connected and are taken up together writ petition No. 495 of 1988 shall be the leading case. Writ petition No. 9372 of 1983 was already admitted. In Writ Petition No. 495 of 1988 counter and rejoinder affidavits have been exchanged and both these writ petitions were taken up for hearing and disposal on merits under the Rules of Court.
(2.) SMT . Purnima Chand, the petitioner, was originally appointed as a lecturer in Arya Kanya Pathshala Inter College, Shahjahanpur (hereinafter referred to as the college) on 15.7.1956. On 19.7.1956 the petitioner was directed to work as Officiating Principal of the said college from 15.7.1956, the petitioner was working as officiating principal from her initial date of appointment. She was originally paid Rs. 50/ - as extra allowance for the job of officiating principal in addition to her salary as admissible to lecturer. On 22.7.1957 the petitioner was appointed as full fledged principal of the college by a resolution of the managing committee dated 5.5.1958. The petitioner was confirmed as Principal and was working as such on a clear vacancy and performed her duties as principal throughout. During pendency of the writ petition it has been pointed out that the petitioner retired as principal. The U.P. Intermediate Education Act was amended later on in which a provision was made that a principal must attain the age of thirty years for appointment on the said post. This amendment came latter on and was prospective in nature. It could not have been given retrospective effect.
(3.) IN the session 1957 -58 the college was grant -in -aid and the matter was referred to Regional Inspectress of Girls Schools regarding the salary of the principal The then Regional Inspectress of Girls Schools directed by her order, Annexure No. 1 to the writ petition, that the minimum pay scale admissible to the principal was to be paid to the petitioner. Later on the Managing Committee was changed and new Managing Committee wanted to oust the petitioner. The matter was again referred to Regional Inspectress of Girls Schools and after hearing the matter finally concluded the controversy vide her letter dated 22.1.1971, Annexure No. 2 to the writ petition. It was directed by the Regional Inspectress of Girls Schools that the pay scale of the principal be paid to the petitioner. Inspite of this direction the pay scale was not paid to the petitioner and by an order dated 2.7.1983, Annexure No. 6 to the writ petition No. 9372 of 1983, it was directed that certain deductions be made from the salary of the petitioner. Against that order the petitioner filed the first writ petition No. 9372 of 1983 in which an interim order was passed on 3.8.1983 that the recovery order shall remain stayed. That stay order is still continuing.;