BHAGAT SINGH BADIYARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred the present Writ Petition to seek a direction to the respondents to pay salary to the petitioner for the post of Principal of Shri Shiv Dayal Giri Inter College, Pokharkhal, District Pauri Garhwal, for the period 1/4/2016 to 31/3/2018. The petitioner seeks payment of arrears of the difference of the salary of Lecturer and the Principal for the aforesaid period, along with interest thereon. The petitioner also seeks refund of the amount of Rs.1,40,800.00, which the petitioner claims, the respondents have illegally recovered from him, and which had been paid to the petitioner towards one increment in his pay-scale of Lecturer. The petitioner also claims interest on the said amount.

(2.) The petitioner's service, as Lecturer (Hindi), was regularized at the aforesaid College vide order dtd. 16/10/1991 passed by the District Education Inspector, Pauri Garhwal. On 14/5/2011, the petitioner was given the selection grade, i.e. the promotional pay-scale, with an increment w.e.f. 30/5/2009. The post of Principal-Shri Shiv Dayal Giri Inter College, Pokharkhal, fell vacant due to retirement of the then Principal on 31/3/2016. Being the senior-most Lecturer of the said College, the Authorized Controller passed an order on 21/3/2016 appointing the petitioner to serve as the officiating Principal. On 1/4/2016, the petitioner took charge as the officiating Principal, and continued to serve in that capacity till the date of his retirement i.e. 31/3/2018.

(3.) The claim of the petitioner, for the difference of salary between the salary payable to the Lecturer and the Principal, is founded upon the judgment dtd. 20/6/2012 rendered by a Full Bench of this Court in "Writ Petition (S/B) No. 55 of 2011, Kanti Prasad Dadpuri and 3 others v. State of Uttarakhand and others". In particular, the counsel for the petitioner has placed reliance on paragraph nos. 33 and 34 of the aforesaid decision, which read as follows:-