V.D.CHATURVEDI, J. - (1.) HEARD Sri Mohd. Qasim holding brief of Sri M.A.Siddiqui, learned counsel for the petitioner and Sri Mohd.Fatehuddin the learned Standing Counsel for opposite parties 1 to 5. None appeared on behalf of opposite party no.6.
(2.) THE petitioner has alleged that by the order dated 10.11.1990 he was authorised by the Committee of Management of Kamla Nehru Institute of Physical and Social Sciences, Sultanpur to officiate as Principal of the College. Learned counsel for the petitioner submits that although the petitioner has worked on the post of Principal from 10.11.1990 to 15.09.2002 but salary of the post of Principal was not paid to the petitioner in spite of various representations made by the petitioner. He further submits that Sri Ghanshyam Misra and Dr.R.S.Tiwari who were senior to the petitioner on the post of Reader declined to officiate as Principal of the College and as such there is no illegality in the impugned order dated 10.11.1990. Learned counsel for the petitioner has relied upon the decision of Hon'ble the Supreme Court in Selva Raj v. Lt.Governor of Island, Port Blair and others reported in AIR 1999 SC 838. Learned Standing Counsel appearing on behalf of the opposite party submits that as the petitioner was not the senior most teacher of the College his appointment as Officiating Principal made by the Committee of Management was against the provisions of Statute 11.20 of the First Statute of Dr.Ram Manohar Lohia Avadh University, Faizabad. We have considered the submissions made by the learned counsel for the parties and gone through the record. It is admitted case of the parties that the petitioner, at the relevant time, was working on the post of Reader since 25.09.1984. The Committee of Management of Kamla Nehru Institute of Physical and Social Sciences, Sultanpur has mentioned that seniors to the petitioner, viz. Sri Ghanshyam Misra and Dr.R.S.Tiwari declined to officiate on the post of Principal. The Committee of Management by the order dated 10.11.1990 appointed the petitioner to officiate as Principal of the College. There is no dispute that the petitioner was officiating as Principal with effect from 10.11.1990 to 15.09.2002. In the counter affidavit, nowhere it has been stated that any permanent Principal was appointed for the College during the said period 10.11.1990 to 15.09.2002. Hon'ble the Supreme Court in Selva Raj v. Lt.Governor of Island, Port Blair and others (Supra) has held that if an employee has worked on a higher post either on temporary or on officiating capacity he is entitled to the salary attached to the higher post. Since the petitioner was officiating as Principal of Kamla Nehru Institute of Physical and Social Sciences, Sultanpur during the period 10.11.1990 to 15.09.2002, he is entitled for the salary of the post of Principal for the said period . In the result the writ petition succeeds and is hereby allowed. The opposite parties are directed to pay the difference of salary to the petitioner for the period 10.11.1990 to 15.09.2002 within three months from the date a certified copy of this order is produced.;