Court No. - 42 Case :- WRIT - A No. - 49002 of 2002 Petitioner :- Mustaq Ahmad Respondent :- D.I.O.S. & Others Petitioner Counsel :- K. Shahi,Uma Nath Pandey Respondent Counsel :- C.S.C. Hon'ble Rakesh Tiwari,J.
Civil Misc. Recall Application No. 272107 of 2009 has been moved by Sri
S.N. Dubey on behalf of Kalimullah-respondent no. 3 in the writ petition, for
recalling the order dated 3.8.2009 by which the petition was admitted for
hearing and interim order confirmed.
Heard Sri S.N. Dubey, counsel for the applicant-respondent no. 3, Sri S.D.
Shukla as well as the standing counsel and perused the record.
Sri S.N. Dubey, counsel for the applicant-respondent no. 3 Kalimullah ,
submits that Kalimullah was appointed on 15.5.2000 in pursuance of the order
of the High Court dated 7.11.1996, against which special appeal filed by the
management was also dismissed. Petitioner Mustaq Ahmad filed the present
writ petition thereafter claiming that he was appointed on 1.9.2001 on the post
of Chowkidar, though on the said post the respondent no. 3 Kalimullah was
already working since the year 2000. The petitioner concealed the fact that
there was single post of Chowkidar and obtained a direction from the Court
for payment of his salary.
Sri Dubey further submits that applicant Kalimullah is working since the year
2000 and petitioner Mushtaq Ahmad has been subsequently issued a letter of
appointment by the officiating Principal, he is not entitled either to the
appointment or salary on the single post of chowkidar on which he was
working from before.
After hearing the submissions, I find force in the submissions made by Sri
S.N. Dubey.
Accordingly, this application is allowed and the order dated 3.8.2009 in so far
as it relates to writ petition No. 49002 of 2002 is recalled .
Since I am forming Division Bench presently in criminal side, office is
directed to list the writ petition in the next cause list before the appropriate
Bench. Matter may not be treated as part heard or tied up to this Bench.
Order Date :- 29.1.2010
SNT/
