- (1.) The present reference to the Full Bench has been occasioned by a referring order dated 29 April 2014 in CMWP No 23627 of 2014 (Dr Jai Prakash Narayan Singh Vs State of U P & Ors). The reference primarily involves a construction of the provisions of the Uttar Pradesh State Universities Act, 1973 and the Uttar Pradesh Higher Education Services Commission Act, 1980 together with the Statutes which govern the State Universities. The Division Bench has referred the following questions for consideration by the Full Benh: 1. Whether there is a conflict between the ratio of the decisions in the cases of Daljeet Singh Vs State of U P, 2007 7 AWC 7687 and Om Saran Tripathi Vs State of U P, 2010 1 AWC 374 and if so, which of the views lays down the law correctly; and 2. Whether an officiating Principal appointed under Statute 10.20 of Purvanchal University, is entitled to claim payment of salary in the regular grade of the Principal or not.
(2.) Essentially, the issue is whether a teacher who is appointed to officiate as principal on the permanent post of a principal falling vacant in a college affiliated to a State University, is entitled to the pay scale and grade of a regular principal.
(3.) In the following decisions, Division Benches of this Court directed the payment of salary drawn by a principal to an officiating principal of a degree college: (1) Durga Prasad Dwivedi Vs Director of Higher Education, CMWP No 8738 of 1988, decided on 11 July 1994. This judgment was referred to and followed in (i) Raghu Nath Mishra Vs State of U P, CMWP No 39699 of 1993, decided on 13 November 1997; (ii) Anand Prakash Tyagi Vs State of U P, CMWP No 46257 of 1999, decided on 2 November 1999; and (iii) Madan Gopal Mittal Vs State of U P, CMWP No 42012 of 2004, decided on 7 October 2004; (2) Paras Nath Pandey Vs District Inspector of Schools,199WC 603; (3) Dr Govind Nath Niranjan Vs District Inspector of Schools, Jalaun at Orai,1996 AWC 1757; and (4) Om Saran Tripathi Vs State of U P,2009 5 ESC 3023.;