SUNDERSHAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.K. Srivastava, the learned Counsel for the petitioner, Sri Anil Bhushan, the learned Counsel appearing for respondent No. 6 and the learned Standing Counsel appearing for respondent Nos. 1, 2 and 3.

(2.) Since, no factual controversy is involved in the present case, the writ petition is being decided finally without calling for a counter affidavit.

(3.) It transpires that a permanent Principal retired on 30.6.2003. Sri Ram Murti Garg, the respondent No. 6 was the senior most teacher and the Committee of Management offered him to officiate on the post of Principal. The respondent No. 6 expressed his inability to officiate as the Principal. Consequently, the Committee of Management appointed the next senior most teacher namely, Sri Murari Lal as the officiating Principal. Sri Murari Lal continued to perform his duties as the officiating Principal till 30.6.2006 and, upon his retirement, he handed over the charge to the respondent No. 6, as per the directions of the Authorised Controller, who had taken over the institution in the meanwhile, Prior to this, the Principal asked to Authorised Controller as to whom he should hand over the charge. Admittedly, the petitioner is junior to respondent No. 6. He, however, made a representation praying that he should be given the charge of the officiating principal upon the retirement of Sri Murari Lal. The Authorised Controller heard the petitioner as well as the respondent No. 6 and thereafter, passed the order dated 29.6.2006 directing the outgoing Principal to hand over the charge of the post of Officiating Principal to the respondent No. 3. The petitioner being aggrieved by the said order, has filed the present writ petition.