The Allahabad High Court has said that when a teacher is handling the responsibilities of the suspended principal then he should be paid salary accordingly while allowing a petition.
A single-judge bench of Justice Rohit Ranjan Agarwal passed this order while hearing a petition filed by Jaivinder Singh.
The petitioner said he is the Officiating Principal of Chacha Nehru Balmandir Inter College, Ramrachpalpuram, Awla, District- Bareilly.
The principal sent by the Commission was suspended and the petitioner, being the most suitable candidate, was given the work of Officiating Principal on 06.04.2023 and the papers relating to his fixation of salary was received in the office of District Inspector of Schools, Bareilly.
The Court noted that by the order dated 23.07.2024, the DIOS, Bareilly had intimated the manager of the institution that the petitioner could not be paid his salary of officiating principal, as the matter regarding the termination of the principal sent by the Commission is under consideration.
Counsel for the petitioner submitted that the petitioner is discharging his duties as officiating principal in the institution.
The Standing Counsel has opposed the writ petition and submitted that once the Commission sends the principal, the petitioner cannot officiate as principal in the institution.
However, he contended that if the matter regarding the termination of the Principal sent by the Commission is pending consideration, the matter has been deferred with regard to the payment of salary of officiating principal to the petitioner.
“After hearing counsel for the respective parties, the Court finds that in case the petitioner has officiated as principal of the institution in question and is still officiating as principal, he is entitled for salary of an officiating principal.
The order dated 23.07.2024 passed by the respondent 4 District Inspector of Schools, Bareilly cannot stand as he has failed to address the issue and only deferred the matter on the ground that the matter regarding termination of the principal sent by the Commission is under consideration,” the Court observed while allowing the petition.
In view of the said facts, the order dated 23.07.2024 passed by respondent 4 District Inspector of Schools, Bareilly is hereby quashed by the high court.
“The matter is remitted back to respondent no 4 to verify as to the period in which the petitioner has worked as officiating principal and in case, he is still working as an officiating principal, then the principal is entitled to his salary for the said post. He shall also decide the claim of the petitioner for the payment of salary of the principal, as he is performing the duty of an officiating principal, within one month from the date of production of certified copy of the order,” the order reads.