SUJAN SINGH Vs. JAGAT NARAIN VISHWAKARMA

JUDGEMENT

(1.) S. H. A. Razaand And S. Dikshit, JJ. This special appeal has been preferred against the judgment and order dated 20-3-96 coupled with the order dated 20-2-96 and 3-11-95 passed by an Hon'ble Single Jiidge of this Court in writ petition bearing No. 4330 (S/s) of 1995 : in re: Jagat Narain Vishwakarma v. State of U. P. and others.

(2.) THE case of the respondent Sri Jagat Narain Vishwakarma in the writ petition was that he was appointed as English Lecturer and had been continuing to perform his duties as a teacher in Khalsa Inter mediate College, Lucknow, since 1989, but was not paid salary. THE Principal Sri Sujan Singh after taking over as the Principal in connivance with the Inspector of Schools has even stopped Sri Jagat Narain Vish wakarma from working as English Lecturer. Sri Jagat Narain Vishwakarma filed a regular suit, before filing this writ petition, for payment of salary before the Civil Courtand the Civil Court directed the payment there of during the period he was working in the Institution. It has been brought to the notice of this Court, that objection against the application for injunction, which is in the nature of mandatory injunction, was preferred before the Civil Court, but despite the lapse of considerable time, matter still hangs on before the Court. In view of the fact that neither the salary was paid to the petitioner, nor he was allowed to function as lecturer after Srim Sujan Singh has taken over as Principal, the petitioner filed the present writ petition praying for issuance of a writ in the nature of mandamus command ing the respondents, to allow the petitioner to work on the post of lecturer in English, in the said Institution and the respondents may also be directed not to interfere into the function of the petitioner, on the post of English Lecturer. THE petitioner also satak-ed his claim for payment of salary with effect from 20-7-89and prayed that the respon dents be directed to make payment of salary to the petitioner, for the post of lecturer in English, in the said Institution regularly.

(3.) WE are of the view that generally nobody should be permitted to invoke the powers of this Court, under Article 226 of the Constitution of India, to get an order of the Civil Court executed by this Court. The Code of Civil Procedure provides adequate provisions for execution of the orders passed by the Civil Courtand if the orders passed by the Civil Court are not executed, it could be either executed through the process of the Court or the contempt proceedings can be initiated. Although, this Court even in exercise of its powers can issue directions in extraordinary situations under its supervisory jurisdiction under Art. 227 of the Constitution of India, but this Court would not relegate itself to the level of an executing court of a civil jurisdiction.