Allahabad High Court Upholds Right to Higher Pay for Officiating Employee

Court Orders Back Pay with Interest for Teacher Incharge Acting as Head Master

The Allahabad High Court has ruled in favor of Uma Kant Pandey, a Trained Graduate Teacher who served as Teacher Incharge at East Central Railway Inter College, Mughalsarai, directing that he is entitled to the salary of a Head Master for the period he acted in that capacity. The Division Bench, consisting of Chief Justice Arun Bhansali and Justice Kshitij Shailendra, delivered the judgment on November 11, 2025, allowing Pandey's writ petition against the dismissal of his Original Application by the Central Administrative Tribunal.

Pandey was appointed as Teacher Incharge following the superannuation of the Head Master on November 30, 2004, and served in that role until March 6, 2008, when a permanent Head Master was appointed. Despite performing duties akin to a Head Master, Pandey was denied the corresponding salary scale of Rs. 6500-10500, receiving only the pay of a Trained Graduate Teacher.

The Tribunal previously rejected Pandey's claim, stating there was no statutory provision entitling him to the higher pay. However, the High Court overturned this decision, emphasizing that the nature of the duties he performed were not routine but similar to those of a full-fledged Head Master. The Court further noted that during departmental proceedings, Pandey was referred to as the Head Master, reinforcing his claim.

Citing precedents from the Supreme Court and other High Courts, the Bench held that an employee working in an officiating capacity on a higher post is entitled to the salary of that post. The denial of such pay was deemed contrary to public policy and unenforceable under Section 23 of the Indian Contract Act.

Consequently, the Court ordered the respondents, including the Union of India, to compensate Pandey with the differential salary for the officiating period, along with 6% simple interest from the filing date of his Original Application until the payment date. The judgment mandates the completion of payment within two months.

Bottom Line:

An employee officiating on a higher post is entitled to the salary of that higher post, even if not formally promoted, provided the duties performed are not routine and align with the responsibilities of that post.

Statutory provision(s): Section 23 of the Indian Contract Act, Railway Service Contract Rule 3.1(i)(iii) of RS Rule-1966, Rule 1313(FR 22) of the Indian Railway Establishment Code (IREC) Vol-I.

Uma Kant Pandey v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2812327