CHANDRA BHUSHAN MANI TRIPATHI v. STATE OF U.P. AND 5 OTHERS
WRIA/12338/2017 · 2025-05-26
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42073 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90783 Court No. - 38 Case :- WRIT - A No. - 12338 of 2017 Petitioner :- Chandra Bhushan Mani Tripathi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nikhil Kumar Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. Present writ petition is filed questioning the order dated 9.12.2016 passed by respondent no.3 and consequential direction to respondent no.3 to grant the scale of pay of Principal to the petitioner from the date the petitioner is working on the post of officiating principal in Sri Badri Narayan Vidya Mandir, Sanskrit Snatakottar Mahavidyalaya Kaniyar, Varanasi and also make payment of difference of the pay for the period w.e.f. 24.12.2009 to the date of grant of regular pay scale of Principal to the petitioner. 3. The issue involved in this writ petition is that the respondents have rejected the claim of the petitioner vide impugned order dated 9.12.2016 relying the Statute 12.22 of the First Statutes of the Sampurnanad Sanskrit University. But the fact remains that the said statute has been set aside by the Lucknow Bench of this Court in view of Full Bench decision of this Court in Dr. Jai Prakash Narayan Singh Vs. State of U.P. and others, (2014) 4 UPLBEC 2642, with the following directions:
"17. In view of the Full Bench judgment indicated herein above, a writ in the nature of Certiorari is issued quashing the portion of Statute 12.22 of the
First Statutes of the Sampurnanand Sanskrit University, which creates a bar on the payment of salary of the post of Principal to a person holding the said post on officiating basis; as well as the impugned order dated 27.11.2008. A further writ in the nature of Mandamus is issued directing the opposite party no.3, i.e. Director of Secondary Education U.P., Lucknow and opposite party no.5 District Inspector of Schools, Mirzapur to make payment of salary of the post of Principal to the petitioner for the period during which he has officiated on the post of Principal of the Smt.Bhagirathi Trust Aadarsh Sanskrit Mahavidyalaya."
4. Subsequently, the bunch of writ petitions were disposed of by this Court vide order dated 27.11.2019 declaring that the petitioners therein are entitled for salary for the period they have worked as officiating principal. 5.
In view of the observations made in the above-referred
judgment, this writ petition is also disposed of on same terms by setting aside the impugned order dated 9.12.2016 passed by respondent no.3.
Order Date :- 27.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad