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2025 DAILYLAW 4430 (UTT)

SAMAR SINGH DABARIA v. STATE OF UTTARAKHAND

WPSB/305/2016 · 2025-06-09

Manoj Kumar Tiwari, Subhash Upadhyay

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Judgment text

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2025:UHC:4687-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/305/2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Ms. Irum Zeba, Advocate, holding brief of Dr. Kartikey Hari Gupta, Advocate for the petitioner. 2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 3. 3. Petitioner was senior most Lecturer in a Government aided intermediate college, namely Gorkha Military Inter College, Cantt., Dehradun. Since the post of Principal of the said college had fallen vacant, therefore, petitioner was given officiating charge as Principal w.e.f. 01.08.2008 and he served in the said capacity, only till 18.10.2011. 4. In this writ petition, petitioner has sought the following reliefs:- “(i) A writ order or direction in the nature of mandamus directing the respondents to pay the salary of in charge principle/principle to the petitioner for the period he has worked as in charge principle/principle that is from 01-08-2008 till 18-10-2011 in Respondent no 4 college. (ii) A writ order or direction in the nature of certiorari for calling the records and quash the illegal and arbitrary condition of nonpayment of the principle's salary in the order dated 11-09- 2008 (ANNEXURE NO-1) despite petitioner's work on the post of incharge principle/principle.” 5. Learned State Counsel refers to the order passed by District Education Officer on 11.09.2008, which is on record as Annexure-1 to the writ petition. 2025:UHC:4687-DB 6. Perusal of the said order reveals that District Education Officer granted permission for handing over charge as Officiating Principal to petitioner with the condition that he will not be paid any salary for the post of Principal. 7. Based on the said order, learned State Counsel submits that petitioner’s claim for salary and other monetary benefits admissible to regular Principal is without any substance. 8. We find substance in the said submission. Since petitioner was given charge as Officiating Principal with the condition that he will not be paid any salary and monetary benefits, therefore, the claim staked by petitioner for monetary benefits is not sustainable in the eyes of law. 9. The writ petition is, therefore, dismissed. No order as to costs. (Subhash Upadhyay, .J.) (Manoj Kumar Tiwari, .J.) 09.06.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.06.10 12:04:56 +05'30' 2025:UHC:4687-DB