Partly allowed

Jaivinder Singh v. State of Up and 3 Others

Allahabad HC30 Aug 2024WRIA/12657/2024

Case brief

AI extract

What is this about?

The Allahabad High Court held that an officiating principal discharging duties is entitled to salary even if the permanent principal's employment status is under consideration. The impugned order deferring payment was quashed as it failed to adjudicate the issue.

What did the court decide?

Impugned order dated 23.07.2024 quashed. Petitioner entitled to salary as Officiating Principal. Matter remitted to verify period worked and decide salary claim within one month.

Jaivinder Singh vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140149

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Court No. - 9

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Case :- WRIT - A No. - 12657 of 2024

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Petitioner :- Jaivinder Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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The petitioner before this Court claims to be the Officiating Principal of Chacha Nehru Balmandir Inter College, Ramrachpalpuram, Awla, District- Bareilly. The Principal sent by the Commission was suspended and the petitioner, being the most suitable candidate, was given the work of Officiating Principal on 06.04.2023 and the papers relating to his fixation of salary was received in the office of District Inspector of Schools, Bareilly. It appears that by the order impugned dated 23.07.2024, the DIOS, Bareilly had intimated the Manager of the Institution that the petitioner could not be paid his salary of Officiating Principal, as the matter regarding the termination of the Principal sent by the Commission is under consideration.

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Learned counsel for the petitioner has invited attention of the Court to para 23 of the writ petition where the averment has been made that the petitioner is discharging his duties as Officiating Principal in the Institution.

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Learned Standing Counsel has opposed the writ petition and submitted that once the Commission sends the Principal, the petitioner cannot officiate as Principal in the Institution. However, he contends that if the matter regarding the termination of the Principal sent by the Commission is pending consideration, the

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matter has been deferred in regard to the payment of salary of Officiating Principal to the Petitioner.

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After hearing counsel for the respective parties, this Court finds that in case the petitioner has officiated as Principal of the Institution in question and is still officiating as Principal, he is entitled for salary of an Officiating Principal. The order dated 23.07.2024 passed by the respondent no.4- District Inspector of Schools, Bareilly cannot stand as he has failed to address the issue and only deferred the matter on the ground that the matter regarding termination of the Principal sent by the Commission is under consideration.

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In view of the said facts, the order dated 23.07.2024 passed by respondent no.4- District Inspector of Schools, Bareilly is hereby quashed. The matter is remitted back to the respondent no.4 to verify as to the period in which the petitioner has worked as Officiating Principal and in case, he is still working as an Officiating Principal, then the Principal is entitled to his salary for the said post. He shall also decide the claim of the petitioner for the payment of salary of Principal, as he is performing the duty of an Officiating Principal, within one month from the date of production of certified copy of this order.

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With the aforesaid directions, writ petition stands partly allowed .

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Order Date :- 30.8.2024

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SK Goswami

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Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Jaivinder Singh v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Jaivinder Singh v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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