In an order, the Allahabad High Court has said that the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 has been repealed and is no more in existence and new Education Selection Board has yet not been promulgated, therefore, the order of the District Inspector of Schools, Kannauj to deny salary to the Executive Principal is shocking.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Vinod Kumar Yadav.
It is argued by the counsel for the petitioner that being senior most teacher of the institution in question, the petitioner was given charge of Officiating Principal on 18.09.2023 and his signatures was attested by the District Inspector of Schools, Kannauj/respondent No 3 on 05.12.2023.
It is argued that the petitioner is still working on the post of Officiating Principal, therefore, he is entitled for the salary on the aforesaid post.
It is argued that when the petitioner made a representation before the respondent No 3 in this regard, the respondent No 3 rejected his claim vide order impugned 26.09.2024 on the ground that the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 has been repealed and is no more in existence and the new Education Selection Board has yet not been promulgated.
Counsel for the petitioner relied upon a judgement and order dated 07.05.2024 passed by the Court in the case of Smt Raj Kishori Kushwaha Vs State of UP and others.
The Court is much shocked and surprised while going through ground taken by the respondent No 3 in the order impugned that the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 has been repealed and is no more in existence and new Education Selection Board has yet not been promulgated. This ground cannot be tenable in the eyes of law as the salary has been paid by the State Exchequer not by any Board or Commission, the court observed.
In this view of the matter, the order dated 26.09.2024 passed by the District Inspector of Schools, Kannauj/respondent No 3 is liable to be set aside and the same is hereby set aside by the high court.
The Court directed the petitioner to submit all relevant papers and documents and the judgement relied upon before the Court before the District Inspector of Schools, Kannauj/respondent No 3 along with a copy of this order within two weeks.
The Court further directed the District Inspector of Schools, Kannauj/ respondent No 3 to pass fresh order in the matter within six weeks strictly in accordance with law.