Court No. - 29 Case :- SPECIAL APPEAL No. - 1004 of 2010 Petitioner :- The C/M Shri Ganga Sagar Mishra Smarak Kahnya U.M.V. & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Anil Kumar Bajpai Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Nobody appears in the revised list on behalf of the appellant before this Court.
The appellants feel aggrieved by interim order dated 14.6.2010 passed by the
Hon’ble Single Judge in Civil Misc. Writ Petition No.34756 of 2010, whereby
not only the order of the Director of Education(Secondary) has been stayed,
further direction has been issued to pay the petitioner’s salary.
The learned counsel for the appellant contends that the Director of
Education(Secondary) under the order dated 21.5.2010 had directed that since
there is a dispute between the Management and the writ petitioner qua
payment of arrears of salary for the period during which the petitioner has
actually not worked and further since the contempt court had passed the order
dated 12.3.2008, that such dispute be decided in the pending writ petition
being Writ Petition No.4532 of 1999, the payment of arrears of salary be kept
in abeyance till the petition is decided. He further contends that interim order
granted virtually renders the writ petition filed before this court being writ
petition No.4532 of 1999 as infructuous in as much as the entire arrears are
paid to the petitioner then there will be no occasion for the court to examine
the issue as notice in the order of the contempt court dated 12.3.2008
Annexure-6 to the present special appeal.
In the facts and circumstances of the case, we are of the prima facie view that
the writ petition giving rise to the present appeal itself was not maintainable in
view of the pendency of the earlier writ petition, whereunder the issue of
arrears of salary for the period concerned is specifically under consideration
namely Writ Petition No.4532 of 1999. The order impugned infact grants final
relief at the admission stage itself which is not permissible.
Notice on behalf of respondents no.1 to 3 have been accepted by the learned
Standing Counsel.
Issue notice to the respondent no.4 through registered post returnable at an
early date. Steps within a week.
Till the next date of listing operation of the order of the Single Judge dated
14.6.2010 shall remain stayed.
List on 16th July, 2010.
Order Date :- 25.6.2010
Mustaqeem.