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Vachaspati Sharma v. State Of U.P. And Others - WRIT - A No. 5718 of 1985  RD-AH 9568 (15 May 2006)
Civil Misc. Writ Petition No. 5718 of 1985
Vachaspati Sharma ................................................ Petitioner
State of U.P. & others ........................................... Respondents
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and th learned standing counsel.
By this writ petition the petitioner has prayed for a writ of mandamus directing the respondents not to interfere with the petitioner's functioning as Principal of Dayanand Intermediate College, Mainpuri and pay arrears of salary from the month of October, 1982 to March, 1983 and from December, 1983 till date. The writ petition was filed on 3.5.1985. The petitioner has been permitted to amend the writ petition. A prayer has been added seeking a direction to the respondents to award balance of salary right from 1.11.1982 to 30.6.1988 and to give selection grade along with interest and the retirement benefits be calculated accordingly.
The petitioner's case in the writ petition is that he is working as Principal of the Institution. In the institution an authorised controller was appointed and there were elections for committee of management. The dispute pertaining to the committee of management was also taken to the civil court. It has been averred in the writ petition that on the question of joining of one teacher the Manager became annoyed with the petitioner and the salary of the petitioner was stopped from the month of October, 1982 till March, 1983. On the aforesaid circumstances the writ petition was filed seeking the reliefs quoted above. The petitioner retired on 30th June, 1988. In the amended pleadings it has been stated that the petitioner was paid his salary, however, the petitioner was not awarded yearly increments. Petitioner has also claimed for grant of selection grade.
There is no dispute between the parties that the petitioner has been functioning as Principal of the Institution. The petitioner has already retired on 30.6.1988 hence the main relief for which l;the writ petition was filed has become infructuous. The only relief which survive for consideration is the claim of the petitioner for directing the respondents to pay his annual increments; although time was allowed to file counter affidavit to the amended pleadings but no counter affidavit has yet been filed. There are no material on the record to determine as to whether annual increments were denied to the petitioner or there was any reason for denying the increment. No useful purpose will be served in keeping the writ petition pending, the ends of justice will be served in directing the petitioner to make a detailed representation to the District Inspector of Schools giving details of his claim of annual increments and grant of selection grade in accordance with relevant rules and the Government orders applicable. In the event the petitioner submits a detailed representation to the District Inspector of Schools within two months along with the copy of this order the same shall be considered and appropriate decision be taken by the District Inspector of Schools expeditiously. It goes without saying that in the event the petitioner is allowed benefit of increments or any other financial benefit the retirement benefits of the petitioner has to be accordingly calculated for which necessary action be taken by the District Inspector of Schools communicating the same to the competent authority.
With the aforesaid direction the writ petition is disposed of.
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