Neutral Citation No. - 2025:AHC:110796 Court No. - 38 Case :- WRIT - A No. - 4628 of 2020 Petitioner :- Ram Briksh Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shantanu Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for the following relief:- "(a). a writ, order or direction of a suitable nature commanding the respondents to sanction salary to the petitioner in the pay scale applicable to the post of Headmaster of a High School and to make such payment regularly. (b). a writ, order or direction of a suitable nature commanding the respondents to sanction and disburse salary in the pay scale applicable to the post of Headmaster of a High School to the petitioner from 5.9.19 till date and to disburse the same within a period to be specified by this Hon'ble Court." 2. In the first- respondent Institution, Principal/Head of the Institution was held by one Dr. Arvind Kumar Singh. While working on the said post Dr. Arvind Kumar Singh was selected by U.P. Higher Education Services Commission for the post of Assistant Professor and appointed at T.D. College, Jaunpur. He left the College/ Institution on 05.09.2019 and as the petitioner is the senior-most teacher in the Institution was entitled for appointment as officiating principal of the Institution. Accordingly, the Committee of Management has met on 05.09.2019 and has taken a decision for appointing the petitioner as officiating principal of the Institution and accordingly the petitioner assumed the charge and discharged his functions as ad-hoc principal in the said Institution. As he was discharging the functions of the officiating principal he is entitled for salary of the post of principal as per the ratio decided by this Court in various judgments. Subsequently the petitioner has retired from the said post on 31.03.2020 on attaining the age of superannuation. Despite the petitioner has discharged his services as officiating principal from 05.09.2019 to 31.03.2020, the respondents have not released the salary attached to the post of principal, hence the present writ petition is filed. 3. Considering the material on record this Court has passed an order on 23.06.2020, which reads as follows:- "Heard Sri Shantanu Khare, learned counsel for the petitioner and Sri Brijesh Pratap Singh, learned Standing Counsel on behalf of the State. The submission of learned counsel for the petitioner is that he is officiating on the post of Principal of the Sarvodaya Inter College, Hurmujpur District Ghazipur for a period of over six months from 05.09.2019 to 31.03.2020. The grievance of the learned counsel for the petitioner is that he is the senior most lecturer but for the period of his officiation as Principal in the college, he has not been paid emoluments attached to the post of Principal. Rather, he has been remunerated as lecturer during the time that he officiated as a Principal. It is submitted that in case of officiation beyond a period of one month, it is settled by now that a Lecturer of an Intermediate College is entitled to salary attached to the post of a Principal. It is argued that Section 18(2) of the U.P. Act No. 5 of 1982 provides that a lecturer, who has been appointed as Adhoc Principal, is entitled to salary attached to that post. A prima facie case is made out. Admit. Issue notice returnable on 24.07.2020. Steps to serve respondent no. 5 be taken within three days by R.P.A.D. Learned Standing Counsel accepts notice on behalf of respondent nos. 1 to 4. He is granted four weeks' time to file counter affidavit. List for orders on 24.07.2020 along with a report regarding service and status of pleadings. Let an ad interim mandamus be issued to the District Inspector of Schools, Ghazipur, the Finance & Accounts Officer, Office of the D.I.O.S., Ghazipur and the Committee of Management, Sarvodaya Inter College, Hurmujpur District Ghazipur through its Manager to pay salary to the petitioner and all emoluments attached to the post of Principal during the period of his officiation from 05.09.2020 to 31.03.2020 within a period of four weeks or to show case by filing their personal affidavit why this interim mandamus be not made absolute. Let a copy of this order be forwarded to the District Inspector of Schools, Ghazipur, the Finance & Accounts Officer, Office of the D.I.O.S., Ghazipur and the Committee of Management, Sarvodaya Inter College, Hurmujpur District Ghazipur through its Manager by the Joint Registrar (Compliance) within 48 hours for compliance. Civil Misc.Stay Application No. 1 of 2020 For orders, see my orders of date passed in the writ petition." 4. Despite the above said directions, the respondents have not released the salary attached to the post of principal. After notice the respondents have filed counter affidavit. 5. As per the averments made in the counter affidavit, though they have admitted that the petitioner was signed as officiating principal for the smooth functioning of the Institution but they have denied the payment of salaries by relying on Section 18(2) of U.P. Secondary Education (Services Selection Board), Act 1982, stating that the petitioner is not entitled for the said post. 6. Considering the above said averments, the learned counsel for the petitioner has plainly relied on the observations made in the full bench judgment of this Court in (Dr. Jai Prakash Narain Singh Vs. State of U.P. and others) where the question formulated that whether an officiating principal appointed under the Statute 10.20 of Purvanchal University, is entitled to claim payment of salary of the regular pay scale of principal or not, answering the said question full bench held that an officiating principal appointed under the Statute of the University, which are pari materia to the provisions of the Statute 10-B of the First Statutes would be entitled to claim payment of salary in regular grade of principal for the period during which he or she has worked until a regular selected candidate has been appointed and has assumed charge of the office. Further, they have also relied on orders passed by this Court in (Narbdeshwar Misra Vs. The District Inspector of Schools), the said matters are pertaining to Inter College like of the petitioner. In the said matters by following the judgment in (Dhaneshwar Singh Chauhan Vs. District Inspector of Schools) held that the vacancy in the post of principal lasts more than 80 days, the teacher appointed as the officiating principal under the aforesaid statute would be entitled to the salary for the post of principal. 7. As held by this Court in the above two referred judgments, the petitioner is also entitled for payment of salary attached to the post of principal as he has discharged as officiating principal from 05.10.2019 till 31.03.2020. 8. Considering the submissions and also the observations made by this Court in Dr. Jai Prakash Narain Singh (supra) as well as Narbdeshwar Misra (supra), the writ petition is allowed by issuing mandamus to the respondents to consider the case of the petitioner and release the payment of salary attached to the post of principal, within a period of two months from the date of a receipt of a copy of this order. Order Date :- 11.7.2025/AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad