V.K.SHUKLA, J. - (1.) IN the District of Bareilly there is recognised institution known as Dhani Ram Inter College Damkhoda, District Bareilly. Affairs of the said institution is to be run and managed as per the provisions as contained in U. P. Act No. II of 1921. Said institution is grant-in-aid list of the State Government and the provisions of U.P. Act No. 24 of 1971 are fully applicable to the said institution. Selection and appointment on the post of Principal, Lecturer and L. T. Grade Teachers is to be made strictly as per the provisions as contained in U.P. Secondary Education Services Selection Board Act 1982 (U.P. Act V of 1982). In the institution concerned one Prem Shankar had been performing and discharging duties as ad hoc Principal of the institution. Said Prem Shanker attained the age of superannuation on 30.6.2003 and in this background Managing Committee of the Institution vide resolution No. 6 of 28.6.2003 passed resolution according handing over the charge of the office of Principal to ad hoc promotion to the petitioner as Principal of the institution. Said resolution has duly been transmitted to the District Inspector of Schools. Record in question reveals that District Inspector of Schools on 24.7.2003 accorded approval to the said resolution wherein charge of Principal-had been handed over to petitioner w.e.f. 1.7.2003 and signature of petitioner was attested as Officiating Principal of the institution. It appears that thereafter Committee of Management of the institution on 4.2.2004 transmitted the entire papers in respect of ad hoc appointment as Principal to District Inspector of Schools, Bareilly and thereafter ad hoc approval was also accorded by District Inspector of Schools, Bareilly on 21.7.2004. Thereafter salary has been fixed in Principal's Grade with effect from 22.7.2004. Submission of the petitioner is that as he has been performing and discharging duties of Principal with effect from 1.7.2003 as such salary shall be ensured to him from the said date in place of 22.7.2004. Petitioner has preferred Civil Misc. Writ Petition No. 4827 of 2007 before this Court and this Court on 31.1.2007 asked the District Inspector of Schools to take appropriate decision on the same and thereafter District Inspector of Schools has passed order on 12.3.2007 which is subject matte of challenge before this Court.
(2.) BOTH the parties have agreed, that matter be decided finally, on the basis of record available. Learned Counsel for the petitioner Sri P. N. Gnagwar, contended with vehemence that when it is accepted that petitioner has been functioning as Principal with effect from 1.7.2003 then there is no occasion to deprive the salary on the post of Principal from the date when petitioner has started functioned as Officiating Principal as such view which has been taken is incorrect view and same is liable to be quashed.
(3.) LEARNED Standing Counsel on the other hand contended that the view which has been taken is correct view, as such no interference be made.;