Court No. - 38 Case :- WRIT - A No. - 44796 of 2010 Petitioner :- Sanjay Kumar And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- K. D. Tiwari Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing
Counsel.
The relief sought in the present writ petition is regarding payment
of salary as well as arrear of salary to the petitioner. It appears that
petitioner was appointed in the year 2002 on the post of Peon-cum-
Chowkidar. In 2003, a notice was issued to the petitioner to show
cause why his services be not terminated. Petitioner has filed a
writ petition and that was ultimately dismissed. Then he filed a
special appeal, that is still pending according to petitioner.
Petitioner moved an application for the purposes of payment of
salary for the period 01.12.2003 to 12.07.2004. It appears that no
decision was taken then this writ petition is filed.
In my opinion the representation regarding payment of salary if
any was made in 2007 and now after a lapse of three years
petitioner filed the present writ petition on the ground that as
salary for the period from 01.12.2003 to 12.07.2004 has not been
paid, therefore, a direction to this effect may be issued.
In my opinion, as the special appeal filed by the petitioner is still
pending and if according to the petitioner if some salary is to be
paid, he can move an application in the pending special appeal.
This writ petition cannot be held to be mainatainable.
The writ petition is accordingly dismissed.
No order as to costs.
Order Date :- 2.8.2010
Sazia