PHULESHWAR Vs. SANTWANA TIWARI

JUDGEMENT

(1.) D. P. Singh, J. Heard learned counsel for the applicant and Sri Ashok Khare, learned Senior Advocate assisted by Sri Anil Bhushan for opposite party No. 4. Sri S. M. A. Kazmi, learned Chief Standing Counsel for opposite parties No. 3 and 5.

(2.) THE applicant was appointed on a fixed salary as 'farrash' on class IV post in a Intermediate College, Allahabad, duly recognized and aided institution on 27-10-1959. He was appointed as a regular peon w. e. f 1-8-1973 and his date of birth as recorded in the service book was 13-7-1944. However, he was restrained from functioning as such by the College w. e. f. 13-7-1994 treating as date of birth as 13-7- 1934. He made a representation to the District Inspector of Schools against the aforesaid action of the College. THE District Inspector of Schools after enquiry, held by Order, dated 29-11-1994 that the date of birth of the applicant was 13-7-1944. This order was subjected to a challenge by the management in writ petition No. 2022 of 1995. After exchange of pleadings the writ Court dismissed the writ petition and issued the following direction vide its judgment and order dated 21-2-2000: "for the reasons given above, the writ petition fails and is accordingly dismissed. THE petitioner and respondent No. 3 are directed to reinstate the respondent No. 4 in service and pay his entire arrears of salary within a period of two months from the date a certified copy of this order is produced before the respondent No. 3. "

(3.) UPON issuance of notice Smt. Santwana Tiwari, the then District Inspector of Schools II, filed her counter affidavit alongwith an application dated 30-4-2001 stating that the applicant has already been reinstated and the matter for payment of salary has been referred to the State Government by the Directorate and the payment is liable to be made within 15 days. In her counter affidavit filed alongwith the application dated 18-7-2001 she has stated that vide letter dated 19-6-2000 the Principal had already been informed that the guidelines have been sought from the Directorate vide her letter dated 9-5-2000 and after receipt of the same further action could be taken. She has further stated on oath that by letters dated 2-7-2001 and 5-7-2001 the entire wage bills of the applicant had been sent to the Accounts Officer for verification. Thereafter, she was transferred on 11-7-2001. Smt. Farhana Siddiqui was posted in her place, thus she was impleaded and notices were issued to her.