Officiating Principals to Receive Higher Salaries for Their Role, Addressing Legislative and Equitable Concerns
The Allahabad High Court, in its recent judgment dated March 25, 2026, in the case of Veeresh Chandra Mishra v. State of U.P., has ruled in favor of Officiating Principals in grant-in-aid intermediate colleges, entitling them to receive salaries equivalent to the post of Principal for the period they serve in this capacity. This landmark decision addresses the legislative gaps and equitable rights of Officiating Principals, who have been performing duties without commensurate compensation.
The court's decision comes amidst a backdrop of legislative changes with the introduction of the U.P. Education Service Selection Commission Act, 2023, which had previously left the status of ad-hoc and officiating appointments ambiguous. The Division Bench, comprising Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi, noted that the legislative silence on ad-hoc appointments in the Commission Act does not negate the entitlement to higher salaries for those serving as Officiating Principals.
Historically, under the U.P. Intermediate Education Act, 1921, and subsequent regulations, there was a provision for the appointment of Officiating Principals, entitling them to higher pay. The court reaffirmed the legal precedent set by earlier cases such as Dhaneshwar Singh Chauhan v. District Inspector of Schools and Narbdeshwar Misra v. District Inspector of School, which recognized the right to higher salaries for Officiating Principals.
In its judgment, the court emphasized the necessity of having an administrative head in educational institutions and dismissed the argument that legislative silence or lack of specific provisions in the Commission Act implied an end to ad-hoc appointments. The bench ruled that the absence of a direct provision for Officiating Principals in the Commission Act does not preclude such appointments, as the need for an administrative head is fundamental.
The court further criticized the management's failure to notify vacancies and the DIOS for not ensuring proper notification, asserting that these failures cannot be grounds to deny higher salaries to Officiating Principals. It was ordered that the original petitioners/appellants be allowed to continue as Officiating Principals until regular appointments are made and be paid the higher salary of a Principal for their period of officiation.
The judgment is a significant step in ensuring equity and recognizing the contributions of Officiating Principals in maintaining the administrative and educational standards of intermediate colleges. It also sets a precedent for handling similar cases under the current legislative framework.
Bottom Line:
Education Law - Officiating Principals in grant-in-aid intermediate colleges are entitled to higher salary commensurate with the post of Principal for the period they officiate, even under the U.P. Education Service Selection Commission Act, 2023.
Statutory provision(s): U.P. Intermediate Education Act, 1921, U.P. Education Service Selection Commission Act, 2023, U.P. Education Service Selection Commission Rules, 2023, U.P. Pay Commission recommendations, Section 30 of the Commission Act, Section 31 of the Commission Act, U.P. General Clauses Act, 1904.
Veeresh Chandra Mishra v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2877164
