STATE OF U P Vs. KAUSHAL HARI NARAIN

JUDGEMENT

(1.) This is an application with reference to a decided Writ Petition No. 1256 (S/B) of 1991 for further directions to release the amount deposited in the Court in the said writ petition, in favour of the applicant Kaushal Hari Narain along with interest accrued thereon.

(2.) The applicant was an employee of Ram Ganga Command Area Development Project, Kanpur. The appointment was initially for a period of six months but it was subsequently converted into a temporary ad hoc appointment. On 4.7.1985, when he had already put in about 10 years of service, his services were terminated by a simple discharge notice. He challenged the termination of his services by filing a claim petition before the U. P. State Public Service Tribunal. The Tribunal allowed the claim petition and set aside the termination order dated 4.7.1985. The State of U. P. then preferred Writ Petition No. 1256 (S/B) of 1991 before this Court. This Court on 1.4.2004, dismissed the writ petition on the ground that the termination of services of the applicant was arbitrary and without sufficient cause.

(3.) During the pendency of the aforesaid writ petition, this Court on Civil Misc. Application No. 4743 (W) of 1991, had passed an interim order on 5.3.1991 as follows: Sri P.K. Srivastava has put in appearance on behalf of opposite party No. 1. I have heard the Chief Standing Counsel as also Sri P.K. Srivastava on the question of interim relief. It is provided as interim measure that in case the entire arrears of salary with effect from 4.7.1985 till 31.10.1990, is deposited in this Court within 3 months and thereafter arrears of salary with effect from 1.11.1990 till 28.2.1991 is paid directly to the opposite party No. 1 to whom the salary with effect from 1.3.1991, shall also be paid directly regularly every month until further orders operation of the impugned judgment shall remain stayed.