RAMA RATI Vs. STATE OF U P

JUDGEMENT

(1.) SHORT question that arises for consideration in this petition is whether the senior most teacher on promotion as principal under proviso to paragraph (2) of sub-regulation (1) of regulation 2 of Chapter II of Regulations framed under Intermediate Education Act is entitled* to salary and increments etc. of principal.

(2.) FACTS on which this question of law arises are more or less undisputed In June 1982 the principal of the college retired. The committee of management on 30th June, 1982 passed a resolution appointing petitioner the second in order of seniority as principal of the college. Against this resolution the senior most teacher, Smt. M. David, approached this court and an interim order was granted in Civil Misc. Writ Petition No. 10000 of 1982. Consequently the petitioner handed over charge to Smt. David. The vacancy was then notified to Secondary Education Service Commission. Smt. David was selected. Against her selection the committee of management filed writ petition no. 912 of 1984 in which interim order was granted that no letter of appointment to the post of principal shall be issued in pursuance of impugned selection. On 16th April, 1984 Smt. David was suspended. She continues to be suspended even now. As a result of her suspension the committee of management passed a resolution promoting petitioner as principal of the college with effect from 16th April, 1984. In counter-affidavit these facts are not disputed. But what is claimed is that since appointment of petitioner was not approved by District Inspector of Schools because interim order granted in favour of Smt. David was still continuing, she was not entitled to her salary.

(3.) THE proviso visualises various situations in which the senior most teacher of the institution if he or she is qualified is to be promoted as principal. Since it is a right conferred under regulations it could not be curtailed or effected either by management or Inspector of Schools except in the circumstances mentioned in the regulation. Further the word used is promotion. That is by virtue of seniority the senior most teacher is entitled to move up in the ladder. It is not officiation or looking after the work of principal but promotion. THErefore, it automatically follows that the promotee is entitled to all benefits of the post. Regulation 3 reads as under :