K.N.Singh, J. - (1.) The petitioner is a permanent lecturer in Sri Krishna Intermediate College, Budaun, an aided and recognized institution. On 30-7-72, the petitioner was promoted to officiate as Principal in the vacancy caused by the suspension of one Sri Hari Om Goel. The Committee of Management requested the District Inspector of Schools to approve the petitioners officiating promotion. The Manager of the institution as well as the petitioner made representation to the District Inspector of Schools that the petitioner be granted pay in the Principals grade as he was officiating on that post. The District Inspector of Schools by his order dated 14-4-77 upheld the petitioners claim and observed that the petitioner was entitled to Principals grade as he was officiating on that post. The petitioners salary was fixed at the rate of Rs. 816 per mensem with effect from 1-11-76. The petitioner thereafter continued to draw his salary in the Principals grade till January, 1978. The Directorate of Education appeared to have advised the District Inspector of Schools not to allow an officiating Principal to draw his salary in Principals grade. In pursuance of that direction, the District Inspector of Schools by his letter dated 31-8-77 informed the petitioner that he was. not entitled to draw his salary in Principals grade and he was directed to refund the amount which had already been paid to him. The petitioner made representation to the District Inspector of Schools but he met which no success. Aggrieved, the petitioner has approached this court under Article 226 of the Constitution challenging the order of the District Inspector of Schools as contained in his letter-dated 31-8-77 for the issue of a writ of mandamus directing the respondents to permit the petitioner to draw his salary in the Principals grade for the period he continues to officiate as Principal.
(2.) The petitioner is a teacher in aided and recognised institution and the liability for the prejoint his salary is on the State Government under the U.P. High School and Intermediate College (Payment of Salary of Teacher and other Employees) Act, 1971. The salary of a teacher in aided and recognized institution is regulated by the regulation framed under the U.P. Intermediate Education Act and the order issued by the State Government from time to time Regulation 46 in Chapter III lays down that employees of an aided and recognized institution shall be given the pay scale sanctioned by the State Government from time to time. The State Government has prescribed the scales of pay for teachers. The State Government issues an order on 18th January 1974 accepting the recommendations of the U.P. Pay Commission prescribing scales of pay for teachers. Paragraph 5(2) of the Government order lays down that a teacher while officiating on the post carrying higher grate is entitled to officiating salary in the higher grade and it further prescribed procedure for determining the salary of officiating teacher in the higher grade. A copy of the Government order was before us by the petitioner. Respondents do not deny the petitioners averment that the State Government issued orders sanctioning officiating pay to a teacher in the higher grade. The petitioners claim for salary in Principals grade was sanctioned by the District Inspector of Schools in pursuance of the aforesaid Government order. Respondents have failed to show any subsequent Government order or rule superseding the direction contained in Government order dated 24-1-74. The respondents have further failed to place any material before the court showing that the petitioner was not entitled to the salary in the Principal's grade while officiating on the post of Principal. The order of the District Inspector of Schools dated 31-8-77 is therefore not sustainable in law.
(3.) In the result we allow the petition and quash the order of the District Inspector of Schools and direct the respondents to pay salary to the petitioner in the Principals grade for the period during which he has been officiating as Principal in accordance with the orders contained in the letter of the District Inspector of Schools dated 14-4-79. The petitioner is entitled to his cost. Petition allowed.;