KRISHNA SHRI GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Amit Saxena, learned Senior Counsel assisted by Sri Amit Shukla, for the appellant and Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, for the respondent-petitioner.

(2.) This intra-court appeal has been preferred against the judgment and order dated 19.12.2019 passed in Writ-A No.48219 of 2013 (Anita Singh Vs. State of U.P. and others) whereby the order dated 16.05.2013, which was impugned in the writ petition, has been set aside and the District Inspector of Schools, Jalaun, has been directed to pass a fresh order in light of the observations made in the judgment for the senior most eligible person to be allowed to officiate as Principal of the Institution so long as regularly selected Principal is not made available. Further, the respondent-petitioner has been held to be entitled to salary as officiating Principal in accordance with the provisions of Section 18(2) of the U.P. Secondary Education Services Selection Board Act, 19821.

(3.) Briefly stated, the facts of the case are that the post of Principal at Jalaun Balika Inter College2, Jalaun fell vacant on 30.6.2009. The aforementioned Institution is a recognized Institution under the provisions of the Intermediate Education Act, 19213 and the payment of salaries to teachers and other employees of the said Institution is regulated in terms of the provisions of the Uttar Pradesh High School and Intermediate Colleges Payment of Salaries of Teachers and Other Employees Act, 19714.