SUDHIR KUMAR SINHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This special appeal has arisen from an interim order of the learned Single Judge dated 28 January, 2016 staying an order of the District Inspector of Schools dated 21 November, 2015 for the disbursement of salary to the appellant on the post of officiating Principal. The institution in question is a secondary institution governed by the provisions of the U.P. Secondary Education Services Selection Board Act, 1982.

(2.) The dispute essentially is between the appellant and the fourth respondent for occupying the post of officiating Principal. Admittedly, the appellant is the senior most lecturer.

(3.) Under Section 18 of the U.P. Secondary Education Services Selection Board Act, 1982 (Act.), it has been provided that where a management has notified a vacancy to the U.P. Secondary Education Services Selection Board (Board.) in accordance with sub-section (1) of Section 10 and the post of Principal or the Headmaster actually remains vacant for more than two months, the management shall fill up such vacancy on purely ad hoc basis by promoting the senior most teacher in the lecturer's grade on the post of Principal. Under sub-section (2) of Section 18, where the management fails to promote the senior most teacher under sub-section (1), the Inspector shall himself issue the order of promotion of such teacher who would be entitled to get salary as Principal.