BANSH NARAIN PANDEY Vs. DR. PRAFULL KUMAR SINGHANIA, MANAGER, COMMITTEE OF MANAGEMENT RAJASTHAN INTERMEDIATE COLLEGE, MIRZAPUR

JUDGEMENT

(1.) According to Sri K.C. Vishwakarma learned counsel for the applicant the applicant has filed writ petition no. 10666 of 1992 which was decided on 27.01.1999. When the order dated 27.01.1999 was not being complied with the applicant filed a Contempt Petition no. 2263 of 2001 and notices were issued whereupon the District Inspector of Schools passed an order dated 16.01.2001 denying the claim of salary of the applicant. In the Contempt Petition no. 2263 of 2001 the court framed charges against the District Inspector of Schools on 21.08.2003 where against he filed Contempt Appeal no. 17 of 2003. In the meantime the applicant had filed Writ Petition no. 42270 of 2001 against the order dated 16.01.2001 hence the Contempt Petition no. 2263 of 2003 was deferred by an order dated 20.11.2003 passed in the Contempt Appeal no. 17 of 2003. According to him the Writ Petition no. 42270 of 2001 was dismissed on 26.03.2010 and the Special Appeal no. 754 of 2010 filed by the applicant there against was also dismissed on 21.05.2010.

(2.) Learned counsel refers to the order dated 21.05.2010 to state that even though the Special Appeal No. 754 of 2010 was dismissed but the court clearly provided that if the appellants are working as Lecturer and Teacher in Rajasthan Inter College, Mirzapur, they are entitled for payment of salary from the Committee of Management to be paid from their own pocket.

(3.) Learned counsel further refers to order dated 01.08.2011 passed in Contempt Petition no. 2263 of 2001 and submits that it was dismissed as infructuous making it open for the applicants to avail the remedy available in law for payment of their salary from the Committee of Management as observed by the writ court.