VIJAY KUMAR LAKHERA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Ms. Niti Rana, learned Counsel appearing on behalf of Mr. Xitij Kaushik, learned counsel for the petitioner and Mr. Vikas Pande, learned Standing Counsel for the State of Uttarakhand, and, with their consent, the writ petition is disposed of, at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court, under Article 226 of the Constitution of India, seeking a writ of mandamus directing the respondent authorities to grant salary to the petitioner for the period commencing from December, 2012 to March, 2016 i.e. the period during which the petitioner rendered his services as an Officiating Principal; and for a writ of mandamus commanding the respondent to revise and fix the pension of the petitioner, after grant of such salary to him for the period commencing from December, 2012 to March, 2016, during the period the petitioner rendered his services as an Officiating Principal.

(3.) The petitioner relied upon the judgment in Kanti Prasad Dadpuri and 3 others Vs. State of Uttarakhand and others in WP(S/B) No.55 of 2011 dated 20.06.2012, wherein the Full Bench had held that, where a lecturer is appointed as an Officiating Principal in the vacant post of a Principal, which vacancy continued for more than 30 days, and the period of officiation also exceeded 30 days, such Officiating Principals are entitled to be paid the emoluments of the post in which they had rendered their services. A writ of mandamus was issued to the State to pay the petitioner their salary, as applicable to the post of Principal, from the date on which they took charge as Officiating Principals in the Institutions concerned. The arrears of salary was directed to be paid to the petitioners within three months from the date of production of a certified copy of this order.