SURESH CHAND SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER has filed this writ petition for following reliefs:

(2.) BRIEF facts of the case are that the Petitioner was appointed in the Hindu National Inter College, Deharadun (hereinafter referred to as 'College') on 02 -08 -1986 as a reserved pool teacher/lecturer (Hindi). After completion of one year service he stood confirmed under the provisions of Chapter III Regulation 11 of the UP. Intermediate Act, 1921 and Section 21 (b) (2) of UP. Secondary Education Service and Selection Board Act, 1985. Since then he has been continuously working in the 'College'. On 30 -06 -2004 one Shri R.R Sharma, then Principal of the 'College' retired. The Petitioner was senior most teacher in the 'College' but was not given the charge of the post of Principal of the 'College' and one Shri Madhu Shudhan Dutt, who was serving in another institution, was given the charge of the Principal, after getting him transferred to the 'College'.

(3.) THEREAFTER , on 08 -04 -2006 the District Education Officer, Dehradun passed an order by treating the Petitioner as senior most lecturer and directed for handing over the charge of the post of officiating Principal of the 'College' to him. In compliance to the order passed by the District Education Officer, Dehradun the Petitioner was handed over the charge of the post of the Principal on 10 -04 -2006 and since then he has been continuously working in the 'College'. Thereafter, the Petitioner submitted a representation before the District Education Officer for grant of salary of the post of Principal to the Petitioner from 10 -04 -2006. The District Education Officer, Dehradun vide order dated 03 -01 -2007 rejected the claim of the Petitioner on the ground that since Petitioner is officiating Principal of the 'College' he cannot be recognized as adhoc Principal. It is also mentioned in the order that as per Regulation 2 of Chapter II of UP. Intermediate Education Act, 1921 (for short 'the Act') the post of the Principal is direct recruitment post and vide notification No. 414A/idhyee Evam Sansdiya Karya/2005 dated 27 -01 -2005, the Uttar Pradesh Madhyamik Siksha Seva Chayan Board Adhiniyam No. 5 of 1982 was repealed. Aggrieved by the said order the present writ petition has been filed.