Allahabad High Court
KAMAL KUMAR SINGHversusSAMITA OFFICIATING PRINCIPAL ARYA KANYA INTER COLLEGE AND 3 OTHERS
- Decided
Holding
The single judge’s order was set aside, and the appellants were entitled to continue as officiating principals with higher salary and retroactive payment.
Summary
The appellants, Kamal Kumar Singh and others, challenged a single judge's order that interpreted the Commission Act to the detriment of their rights as officiating principals of intermediate colleges. They sought to continue in their positions until regular appointments were made and to receive the higher principal salary retroactively. The appeal was filed 56 days late, but the court found the cause shown sufficient and condoned the delay. Relying on a prior special appeal (Veeresh Chandra Mishra & 2 Ors. v. State of U.P.) where similar facts were decided, the court set aside the single judge’s order and granted the relief: continuation as officiating principals, entitlement to higher salary from three months after their ad‑hoc appointment, and payment of the arrears within three months. The appeal was allowed on the same terms as the earlier decision.
Issues considered
- Whether the delay of 56 days in filing the appeal should be condoned
- Whether the single judge correctly interpreted the provisions of the Commission Act
- Whether the appellants are entitled to continue as officiating principals pending regular appointments
- Whether the appellants are entitled to the higher principal salary and retroactive payment
Legislation cited
- Commission Act
Subjects
- delay condonation
- special appeal
- Commission Act
- officiating principal
- salary entitlement
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL DEFECTIVE No. - 358 of 2026
Kamal Kumar Singh
.....Appellant(s)
Versus
Samita Officiating Principal Arya Kanya Inter
College And 3 Others .....Respondent(s)
Counsel for Appellant(s) : Adarsh Singh, Sr. Advocate,
Yadvendra Rai Pandey
Counsel for Respondent(s) : C.S.C., Saurabh Tripathi
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Indra Raj Singh, learned Senior Advocate assisted by Sri
Yadvendra Rai Pandey, learned counsel for the original petitioner; Sri
Saurabh Tripathi, learned counsel for respondent no.1 and learned
Standing Counsel for the State-respondents.
Re: Civil Misc. Delay Condonation Application No. 01 of 2026
2. Present appeal has been filed with a delay of 56 days.
3. Cause shown is sufficient. Delay in filing the present appeal is
condoned. Delay condonation application is allowed.
Order on Appeal
4. Present intra-Court appeal has arisen against the order of the learned
single judge dated 27.01.2026 passed in Samita Vs. State of U.P. & 2
Ors. and 11 connected writ petitions; 2026:AHC:17253.
5. Arising from the same common order, we have earlier allowed that
special appeal being Special Appeal No. 209 of 2026 (Veeresh Chandra
Mishra & 2 Ors. Vs. State of U.P. & 5 Ors.); 2026:AHC:62949-DB on
SPLAD No. 358 of 2026
2
the following terms :
"47. To the extent the learned single judge has interpreted the provisions
of Commission Act, which defeats the rights of the petitioners, it may
remain at variance to the one we have offered. Hence the order of the
learned single judge is set aside, on principle.
48. As to the relief to be delivered -
(i) It is first declared that the original petitioners/appellants shall be
entitled to continue as Officiating Principal of their respective Intermediate
Colleges, till any regularly appointed candidate is made available, to such
institutions.
(ii) For the duration of their continuance as Officiating Principal, the
original petitioners/appellants shall be entitled to payment of higher salary
of Principal, without any other or further relief.
(iii) For the purpose of computation of period for which the higher
payment of salary has to be made, the original petitioners/appellants would
be entitled to receive such higher salary from the expiry of three months
from the date of their signature being attested, as ad-hoc Principal. That
amount may be computed and paid out to the original
petitioners/appellants, within a period of three months from today.
6. Facts and issues being similar, the present appeal deserves to be
allowed. Accordingly, the present appeal is also allowed on the same
terms.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
May 6, 2026
Abhilash
Digitally signed by :-
ABHILASH SINGH
High Court of Judicature at Allahabad
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