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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Samita – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. issues regarding ad-hoc appointments of principals. (Para 1) |
| 2. petitioner's arguments about entitlement to salary. (Para 2 , 3 , 4) |
| 3. arguments regarding procedural recommendations. (Para 5 , 6) |
| 4. overview of relevant legislative provisions. (Para 7) |
| 5. legal principles regarding payment of salary to ad-hoc principals. (Para 8 , 11 , 12) |
| 6. summary of crucial cases affecting salary entitlement. (Para 9 , 10) |
| 7. analysis of conditions necessary for ad-hoc promotions. (Para 13 , 14) |
| 8. interpretation of specific regulations affecting salary. (Para 15 , 16 , 17) |
| 9. identifying potential issues with past judgments. (Para 18 , 19 , 20) |
| 10. final interpretation of salary entitlement under law. (Para 21 , 22 , 23) |
| 11. decision on the enforcement of ad-hoc salary payments. (Para 24 , 25 , 27 , 28) |
JUDGMENT :
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. The issues for consideration before this Court in present bunch of writ petitions are as follows :-
(a) In a case where an ad-hoc vacancy of Principal or Head Master, as the case may be, of an institution is filled by promotion of senior most qualifying teacher in terms of provisions of Regulations described under Chapter-II of U.P. Interm
Ad-hoc principals are only entitled to the salary of their position following the fulfillment of specific preconditions under Section 18 of the U.P. Secondary Education Service Selection Board Act, 1....
The court reaffirmed that Officiating Principals of state-funded institutions are entitled to salaries commensurate with their roles despite legislative changes, emphasizing established legal precede....
Employees discharging duties of a higher post are entitled to salary for that position, barring statutory restrictions, and salary arrears are limited to three years from the filing of the writ petit....
Promotion rights are determined by the rules in force at the time of consideration, not by outdated rules at the time of vacancy creation.
Officiating principals cannot be deprived of the benefits that accrue to them, and their entitlement to salary is based on the correct principle of law.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
The main legal point established in the judgment is that the appointment of the opposite party as Headmaster in-charge was not equivalent to the appointment as Headmaster, and he was entitled to 'cha....
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
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