SAVITRI GUPTA Vs. DISTRICT INSPECTOR OF SCHOOLS FATEHPUR

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri R. C. Gupta, learned Counsel for the petitioner as well as Sri S. S. Sharma, Sri Raj Kumar and Miss. Enakshi Sharma learned Standing Counsel. In this writ petition the mandamus has been sought seeking direction to the authorities to pay the salary of Principal and the revised pay-scale to the petitioner upto 30th June, 1998 till he served as a Principal in his officiating capacity in the Government Girls Higher Secondary Schools Malwa, Fatehpur.

(2.) THE petitioner has rendered her services as a teacher in private educational institutions and has retired as officiating Principal of the Institution namely Government Girls Higher Secondary School, Malwa, Fatehpur on 30th June, 1998. THE petitioner had filed Writ Petition No. 34477 of 1999 for counting earlier services which was decided on 17-8-1999 with a direction to count the past services of the petitioner served in the private institutions and for obtaining the salary during the officiating period as a Principal. A separate writ petition was filed. According to the petitioner since he had worked as Assistant Teacher in Government Girls Higher Secondary School Saheli, Fatehpur and she was senior most teacher in the institution and by the order dated 27-9-1993 the petitioner was given charge of the head of the Institution by Joint Director Education, IV Region, Allahabad and the petitioner joined the institution on 1-10-1993 and the petitioner was allowed to continue as Head of the Institution till 12-5- 1995. THEreafter, the petitioner was transferred and relieved for some other institution from the said institution on 5-8-1996 on the retirement of the Head of the Institution of Government Girls Higher Secondary School, Malwa, Fatehpur. THE petitioner being a senior most Principal was allowed to continue as a Principal by the order dated 31-10-1996 issued by the District Inspector of Schools, Fatehpur in view of the provisions of Chapter II Regulation 2 proviso and Chapter III Regulation 46. Regulation 2 of Chapter II of U. P. Intermediate Education Act is quoted as below : " (1) THE posts of the Head of Institution shall, except as provided in Clause (2) be filled by direct recruitment after reference to the Selection Committee under sub-section (1) of Section 16-F or, as the case may be, under sub-section (1) of Section 16-FF: Provided that in the case of any instruction not being an institution referred to in Section 16-FF a temporary vacancy caused by the grant of leave to an incumbent for a period not exceeding six months, or by death retirement or suspension of any incumbent occurring during an educational session in the post of the Head of Institution shall be filled by the promotion of the senior most qualified teacher, if any, in the highest grade in Institution. " THE next relevant provision is Clause (3) of Regulation No. 2 of Chapter II which reads as under : "where the temporary vacancy in the post of the Head of Institution is for a period not exceeding thirty days, the senior most teacher in the highest grade may be allowed to work as acting Head of Institution, but he shall not be entitled to pay in a scale higher than the scale of pay in which he is drawing salary as such teacher. " THE Regulation 46 of Chapter III is also relevant for considering the grievances of the petitioner which is as under : "employees shall be allowed the scale of pay sanctioned by the State Government from time to time. "

(3.) IN Narbdeshwar Misra (supra) in paragraph 6 it was observed that a perusal of the proviso to Regulation No. 2 (1) shows that the petitioner's case was squarely covered by it. The petitioner was appointed in the vacancy caused by the retirement of Banshidhar Dixit, to officiate as the Principal of the college. The petitioner was the senior most teacher, he was, therefore, lawfully appointed as the officiating principal contemplated by the proviso.