Neutral Citation No. - 2009:AHC:15729-DB A.F.R.

Court No. 03 CIVIL MISC. WRIT PETITION NO. 62394 of 2008 Om Saran Tripathi .........Petitioner Vs.

State of U.P. & others ...........Respondents Present:

(Hon'ble Mr. Justice Amitava Lala and Hon'ble Mr. Justice Shishir Kumar)

Appearance For the petitioner : Sri Arvind Srivastava For the respondents : Standing Counsel Amitava Lala, J. The petitioner has made this writ petition to direct the respondents to pay the salary and emoluments of the post of Principal to the petitioner when he has acted as Principal in the institution from the month of July, 2008 till date. He relied upon the judgments of this Bench dated 18^th September, 2008 passed in C.M.W.P. No.49172 of 2008 (Dr. V.K.Tiwari Vs.

Director of Education & others).

Learned Standing Counsel has taken a different view in view of the judgment report in 2007 (4) ESC 2261 (All)(DB) [Daljeet Singh Vs. State of U.P. & others) to substantiate that there is distinction between a government servant who is promoted to higher post and who is discharging duties of the higher post on the exigencies. Mere discharge of such duties in the higher post cannot be treated as promotion, therefore, the pers