LAWS(ALL)-2002-9-24

SOM DATT SHUKLA Vs. DISTRICT INSPECTOR OF SCHOOLS

Decided On September 05, 2002
SOM DATT SHUKLA Appellant
V/S
DISTRICT INSPECTOR OF SCHOOLS Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties sand perused the records.

(2.) By means of this petition, the petitioner has prayed for the relief of payment of salary, which has been denied by the District Inspector of Schools, Jaunpur vide order dated 21st December, 1991.

(3.) The brief facts of this case are that a permanent vacancy arose in Arya Vidyalaya Higher Secondary School, Leduka, District Jaunpur for the post of Principal due to retirement of the earlier Principal. The petitioner being seniormost Teacher in the Institution was promoted as Principal of the Institution under Chapter-II, Regulations 2 to 4 of the U.P. Intermediate Education Act read with Rule 9 of the U.P. Secondary Education Service Commission Act, 1983. The seniority of the petitioner was challenged before the D.I.O.S. by two other Teachers of the Institution. The District Inspector of Schools has held that the petitioner being seniormost Teacher in the institution has rightly been appointed as officiating Principal in the Institution. However, he shall not be paid the salary of the post of Principal, but shall be paid the salary of L.T. Grade.