KANHAIYALAL JHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, who was initially engaged as a teacher in an Institution by the name of Shri Nimbark Sanskrit Mahavidyalaya, Vrindavan, District Mathura. The Institution is affiliated with Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and is receiving grant-in-aid from the State Government. All the employees of the Institution are getting their salary under the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971, hereinafter referred to as the Payment of Salary Act, 1971.

(2.) It has been submitted that the petitioner was appointed as Officiating Principal at the Institution on 7.1.1998 and since then he had been regularly working on the said post. His signature was attested by the competent officer by an order dated 12.5.1998. The Deputy Inspector of Sanskrit Schools, Agra Region, Agra had issued the said order, a copy of which has been filed as Annexure-2 to the Petition. The Petitioner having worked for long as Officiating Principal was getting salary for the post of Lecturer and wrote a letter on 25.11.2010 to the District Inspector of Schools claiming salary for the post of Principal. Learned counsel for the petitioner has submitted that in response to the letter written by the petitioner, impugned letter was issued by the District Inspector of Schools, Mathura dated 3.1.2011 by which it was informed to him that as per the Statutes of Sampurnanand Sankrit University namely, Statute No.37(2) and 49(5) (12.22), Officiating Principal may be appointed on the post of Principal on substantive vacancy occurring on the post, but he shall not be allowed salary for the post of Principal.

(3.) Learned counsel for the petitioner has submitted that Regulation 3(3) of Chapter II of the Regulations framed for Sanskrit Education under the U.P. Board of Sanskrit Education Act, 2000 provided that the Acting Head of the Institution is entitled to salary in the scale higher than the scale of pay in which he was drawing salary after six months of his service. Regulation 3(3) of Chapter II of the Regulation has been quoted in the Writ Petition in paragraph 14, which is reproduced hereinbelow: