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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 16051 of 2026 Court No. - 6 HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Uma Nath Pandey, Advocate appearing on behalf of petitioner and learned Standing Counsel for the respondents. 2. The contention of the counsel for the petitioner is that vide the impugned order dated 08.03.2025, the respondents- authorities have rejected the claim of the petitioner for the payment of salary on the post of Officiating Principal. Counsel for the petitioner further contends that the petitioner was appointed as a Lecturer in Civics subject, in the respondent Institution on 16.04.2005 and after the transfer of the erstwhile Principal, Dr. Rajesh Singh, the vacancy having arisen, the Committee of Management appointed the petitioner as an Officiating Principal, by virtue of him being senior-most Lecturer in the Institution. 3. The signature of the petitioner was also attested by the District Inspector of Schools, Azamgarh; however, despite the request of the Management, the salary of the petitioner was not released commensurate with the post of the Principal as per law; and now vide the impugned order dated 08.03.2025, the payment of the salary to the petitioner has been rejected. 4. He has placed reliance upon a decision in the case of Veeresh Chandra Mishra and 2 others vs. State of U.P. and 5 Versus Counsel for Petitioner(s) : Uma Nath Pandey, Vivek Prakash Mishra Counsel for Respondent(s) : C.S.C. Ajay Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
others, Special Appeal No. 209 of 2026, which has been approved by the Apex Court in Special Leave Petition No. 32854 of 2026 vide its order dated 15.09.2026. For ready reference, the relief granted in the judgment dated 25.03.2026 in Veeresh Chandra Mishra (supra) is reproduced below:-
"48. As to the relief to be delivered- (i) It is first declared that the original petitioners/appellants shall be entitled to continue as Officiating Principal of their respective Intermediate Colleges, till any regularly appointed candidate is made available, to such institutions. (ii) For the duration of their continuance as Officiating Principal, the original petitioners/appellants shall be entitled to payment of higher salary of Principal, without any other or further relief.
(iii) For the purpose of computation of period for which the higher payment of salary has to be made, the original petitioners/appellants would be entitled to receive such higher salary from the expiry of three months from the date of their signature being attested, as ad-hoc Principal. That amount may be computed and paid out to the original petitioners/appellants, within a period of three months from today."
5. On the basis of the aforesaid, the counsel for the petitioner submits that he is also entitled to the same relief. 6. Learned Standing Counsel does not dispute the proposition of law that once an incumbent is appointed as an Officiating Principal, he is also entitled to the salary commensurate with the post of Principal of the Institution. 7. In view of the aforesaid, no fruitful purpose shall be served by keeping the present writ petition pending and, with the consent of the parties, the present writ petition is being decided at the interim stage. 8. In view of the aforesaid, the impugned order dated 08.03.2025 cannot be sustained in the eyes of law and is accordingly set aside. The respondent no. 2 shall accord consideration to the claim of the petitioner, on a fresh WRIA No. 16051 of 2026 2
representation being filed by the petitioner within a period of 7 days from today, expeditiously, preferably within a period of two months from the date of filing of the said representation along with the certified copy of this order, keeping in view the observations made by this Court as well as the law laid down in the case of Veeresh Chandra Mishra (supra). 9. With the aforesaid observations/directions, the writ petition stands disposed off. October 1, 2026 piyush WRIA No. 16051 of 2026 3 (Siddharth Nandan,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad