Court No. - 38
Civil Misc. Recall Application No. 149842/2010
and
Case :- WRIT - A No. - 11292 of 1992
Petitioner :- Lal Bahadur
Respondent :- D.I.O.S. Allahabad And Others
Petitioner Counsel :- Amar Nath Tripathi
Respondent Counsel :- S.C.
Hon'ble Shishir Kumar,J.
This is an application for recall of the order dated 22.2.2010.
Cause shown is sufficient. The applicaiton is allowed without
imposing any cost. The order dated 22.2.2010 is hereby recalled.
Let the writ petition be restored to its original number.
Heard learned counsel for the petitioner and learned Standing
Counsel.
This Court vide its order dated 22.02.2010 dismissed the writ
petition in absence of the petitioner being the fact that the case was
listed under the heading of ‘Old Cases’. The relief sought in the
writ petition was only regarding payment of salary to the petitioner
in the BTC grade Teacher attached to the Primary Section from
01.01.1991. On 31.7.1992 this Court had issued an interim
mandamus directing the authorities i.e. respondent no. 1 to pay the
salary to the petitioner. According to petitioner he has been getting
salary in pursuance of the order of this Court. Meaning thereby the
relief sought in the writ petition has already been satisfied because
limited prayer was made for payment of salary. But learned
counsel for the petitioner states that after dismissal of the writ
petition, the salary has been stopped, though no averment in the
application or notice has been made.
In such circumstances the order dated 22.2.2010 is being recalled
only to the extent that the writ petition may be treated to be
disposed of and it will not be treated as dismissed.
No order is passed as to costs.
Order Date :- 12.7.2010
Meenu