KHADGA RAM LAPER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court, by way of the present writ petition, seeking a writ of certiorari to quash the order dated 19.12.2018 passed by respondent nos. 1 to 3; and a writ of mandamus commanding the respondents to pay the petitioner salary of the post of Principal w.e.f. 30.11.2016; continue to pay him salary of the said post, month by month, in the Government Inter College, Karki Nagar, Pithoragarh; and give him regular appointment in the post of Principal in Government Inter College, Karki Nagar, Pithoragarh.

(2.) Facts, to the limited extent necessary, are that the petitioner, a post graduate in English and having a Bachelors degree in Education, was appointed, on an adhoc basis, as a Lecturer (English) in the Inter College, Karki Nagar, Dharam Ghar, District-Pithoragarh on 14.09.1992 by a selection committee constituted by the Government Order dated 16.07.1992. The Inter-College, Karki Nagar, Pithoragarh was then an aided college, and was run by a Committee of Management. The petitioner's services were regularized as a Lecturer (English) on 31.03.1999 by the Regional Committee constituted by the Government Order dated 27.07.1998, and he was placed on probation for a period of one year by the District Inspector of Schools, Pithoragarh. On 20.12.2003, the District Inspector of Schools, Pithoragarh passed an order whereby the petitioner, who was working as a Lecturer (English) in Inter College, Karki Nagar, Pithoragarh, was given selection grade of Rs. 7500-12000 w.e.f. 17.09.2002 after completion of ten years of continuous service. Thereafter, Sri Dan Singh Bafila, who was working as the Principal of the Inter College, Karki Nagar, Pithoragarh, retired from service on 31.10.2009. It is not in dispute that the petitioner has been continuing to discharge the functions of an in-charge Principal ever since 01.11.2009 till date.

(3.) On the recommendations of the Committee of Management, the Regional Additional Director (Secondary Education), Kumaon Mandal, Nainital, passed order dated 09.07.2014 promoting the petitioner as a down-grade Principal, in the Inter College, Karki Nagar, Pithoragarh w.e.f. 18.10.2011, under the amended 2011 Regulations. While matters stood thus, on the basis of a proposal submitted by the Committee of Management, a provincialisation order was passed on 09.11.2016, and the entire property and staff of the said College was taken over by the Block Education Officer, Berinag, Pithoragarh by proceedings dated 30.11.2016. On the very same day, i.e. 30.11.2016, the Block Education Officer, in turn, handed over the entire property and records, of the said Inter College, to the in-charge Principal i.e. the petitioner herein.