SAMEER SINHA Vs. STATE OF U P

JUDGEMENT

(1.) Often grant of interim order at the initial stage, when the writ petition is filed not only results into miscarriage of justice, but also results into multiplicity of the proceedings. Besides the above, it creates problems also for the executive authorities to implement the orders particularly, when they are hauled up in contempt proceedings. If, on one post, the Court directs the payment of salary to two persons, in two different writ petitions, the order cannot be implemented, hence it would be necessary that instead of passing orders, on writ petitions, where each of petitioner has conflicting interest, the controversy should be finally set at rest.

(2.) With this prelude, we advert to point out the facts of each case, of respective parties, in all the writ petitions, which have been clubbed together, and are being decided by a common judgment, as the question of facts and law raised in all the writ petitions, can be decided by a common judgment.

(3.) Writ Petition bearing No. 2491 (SB) of 1991 was filed by Sri Vinod Kumar Singh on 23.4.1991, praying for issuance of a writ in the nature of mandamus commanding the D.I.O.S., Sultanpur, Committee of Management, Ganpatsahai Postgraduate College, Sultanpur, Principal, G.S.P.G. College, Sultanpur, to release forthwith the entire arrears of salary of the petitioner with effect from 4.2.1991 and to continue to pay him full salary and allowances each and every month as and when the same falls due. On 23.4.1991, Hon'ble S. S. Ahmad. J. (as he then was) passed the following order :