OM PRAKASH SHAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This matter is listed today on a Delay Condonation Application No. 7563 of 2021, explaining 1794 days of delay which has chanced in filing the Recall Application, which has been preferred by the petitioners, seeking recall of the order dtd. 12/8/2016 passed by the co-ordinate Bench of this Court. In fact, if the precise history of litigation is taken into consideration, the petitioners, who are commonly placed, had earlier too preferred a writ petition, being Writ Petition (S/S) No. 988 of 2003, Om Prakash and others Vs. Nagar Pallika Parishad and others, wherein they had prayed for the grant of regular salary as admissible under law to the post of Clerk from the date of regularisation of their services. The said writ petition was decided by the co-ordinate Bench of this Court by a judgment dtd. 8/5/2008, wherein the writ petition was disposed of with the direction to the respondents, that the petitioners shall be paid admissible salary of the post of Clerk, from the date of their regularisation on the said post depending upon consideration of fact of similarly situated persons juniors to the petitioners who have been paid with the regular salary for the post of clerk.

(2.) When the order was not complied with, the petitioners had preferred a Contempt Petition, being Contempt Petition No. 305 of 2013, seeking an enforcement of the judgement of the coordinate Bench of this Court dtd. 8/5/2008, as referred above, but the same was dismissed in the light of the provisions and the statutory bar created under Sec. 20 of the Contempt of Courts Act, by the order of the coordinate Bench of this Court dtd. 22/10/2013.

(3.) It was thereafter that after the dismissal of the Contempt Petition on 22/10/2013, the petitioners had preferred the present writ petition, which is the second one, praying for a writ of mandamus, commanding the respondents to pay salary to the petitioners for the post of clerk from the date of their regularisation. Simultaneously, a writ of mandamus was also sought for, to pay the arrears of salary from the date of their respective regularisation with all other consequential benefits.