VEER PAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Petitioner before this Court being the senior most teacher of Janta Inter College, Sahpau, Mathura was appointed as Officiating Principal. His appointment was duly recognized by the District Inspector of Schools with attestation of his signatures. One Basudev Yadav filed Civil Misc. Writ Petition No. 5774 of 2010 before this Court alleging therein that the present petitioner has already attained the age of superannuation, therefore, in view of the Division Bench judgment of this Court in the case of Hari Om Tatsat Brahma Shukla v. State of U.P. and Ors., 2007 1 UPLBEC 47, he cannot be permitted to continue as Officiating Principal beyond the date he attained the age of superannuation and his continuance under Regulation 21 of Chapter III of the Intermediate Education Act for the remaining term of the academic session can only be as a teacher. The writ petition was decided under order dated 04.02.2010 with a direction upon the District Inspector of Schools to take appropriate decision in light of the Division Bench referred to above.

(2.) The District Inspector of Schools accordingly by means of the order dated 31.03.2010 held that the petitioner was entitled to continue as Officiating Principal till 16.05.2010 i.e. the date on which he attained the age of superannuation. This order is being challenged for the first time before this Court by means of the present writ petition which has been put up today as fresh matter.

(3.) It is not in dispute that in between the petitioner retired as the academic session has come to an end to be precise on 30.06.2010 and is no more in employment. The order is being challenged on the ground that subsequently a Full Bench of this Court vide its judgement dated 20.05.2010 in Special Appeal No. 1987 of 2009 (Surendra Prasad Agnohotri v. State of U.P. and Ors.) has held that an Officiating Principal is entitled to continue as such till the end of the academic session and the judgement in the case of Hari Om Tatsat (supra) is a not a good law. Petitioner, therefore, seeks quashing of the order as well as a writ of mandamus for treating him to be the Officiating Principal till 30.06.2010 and payment of salary accordingly.