Writ petition challenging orders granting benefits as an Officiating Principal to a respondent possessing a post. The court held pending inquiries do not disentitle an officer from entitled benefits and dismissed the petition.
Petition dismissed as lacking merits.
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Neutral Citation No. - 2024:AHC-LKO:1608
Court No. - 20
Case :- WRIT - A No. - 9500 of 2023
Petitioner :- Devarshi Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secondary Education Lko. And 4 Others Counsel for Petitioner :- Lalit Kishore Tiwari,Nitesh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the orders dated 4.6.2019 and 17.6.2019 passed by the Authorized Controller, Jawahar Lal Smarak Inter College, Garayen, Sultanpur whereby the respondent no.5 after being appointed as Officiating Principal is being given the benefits which an Officiating Principal is entitled to.
The grievance of the petitioner is that the respondent no. 5 is not acting in accordance with the norms and prescribed rules and further certain inquiries have been held or are pending against him. It is not denied that the respondent no.5 is at present Officiating as Principal of the Institution.
In view of the aforesaid, there is no illegality in the orders passed giving him benefits of the post to which he is entitled to. The mere fact that complaints have been made and inquiries have been held, do not disentitle the respondent no.5 from getting the benefits of an Officiating Principal.
The petition lacks merits and is dismissed.
Order Date :- 8.1.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an officer appointed as Officiating Principal is disentitled to the benefits of the post despite pending inquiries and complaints?
Whether orders granting benefits to an Officiating Principal are illegal merely because inquiries are pending against him?
Devarshi Kumar Yadav
State Of U.P. Thru. Addl. Chief Secy. Prin. Secondary Education Lko. And 4 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
