Compliance with Section 18 of U.P. Secondary Education Service Selection Board Act, 1982 is Mandatory for Payment
In a significant decision, the Allahabad High Court has ruled that ad-hoc Principals and Head Masters in Uttar Pradesh are not entitled to receive salaries for their promoted positions unless certain preconditions prescribed under Section 18 of the U.P. Secondary Education Service Selection Board Act, 1982, are fulfilled. The judgment, delivered by Justice Saurabh Shyam Shamshery, addresses a cluster of writ petitions concerning the payment of salaries to ad-hoc educational leaders.
The Court emphasized that the entitlement to the salary of a Principal or Head Master on an ad-hoc basis hinges upon two critical conditions: the notification of the vacancy to the Board, and the actual vacancy remaining open for more than two months. Without adherence to these stipulations, ad-hoc promotees cannot claim the salary of the higher post.
The judgment scrutinized previous rulings from 1980, 1982, and 1985, which were primarily based on a government order from 1974, without considering the amendments made to Section 18 in 2000. The Court clarified that the interpretation of the regulation as "highest grade in the institution" refers to the highest grade among teachers, not the grade of Principal or Head Master.
Moreover, the Court took note of the recent repeal of the 1982 Act by the U.P. Secondary Education Service Selection Board, 2023, which does not provide for ad-hoc Principals or Head Masters, implying that the legal framework has shifted, making compliance with the older provisions even more crucial for salary entitlement.
The Court directed that salary payments to ad-hoc Principals or Head Masters, where the preconditions were not met, must be halted from the date of the judgment. However, any salary already paid will not be subject to recovery.
This decision aligns with the Court's commitment to uphold statutory requirements and ensure that educational institutions adhere to legislative provisions regarding appointments and salary entitlements.
Bottom Line:
Payment of salary to ad-hoc Principals or Head Masters under the U.P. Intermediate Education Act, 1921 and U.P. Secondary Education Service Selection Board Act, 1982 must meet mandatory preconditions, including notification of vacancy and a two-month period of vacancy, as prescribed under Section 18 of the Act of 1982.
Statutory provision(s): U.P. Intermediate Education Act, 1921, U.P. Secondary Education Service Selection Board Act, 1982, Section 18, Uttar Pradesh Education Service Selection Rules, 2023
Samita v. State of U.P., (Allahabad) : Law Finder Doc id # 2844467
