SATYA NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner had filed this petition in the year 1989 alleging disobedience of the order passed by this Court on 10.10.87 in M.P. No. 733/87. The petitioner also prayed for further directions as contained in the prayer clause of the petition. In his prayer he has prayed for the payment of pay and allowances w.e.f. 1.7.84 and the interest thereon at the rate of 24% per annum, compoundable at the end of every accounting year from the due date of payment till it was actually paid.

(2.) THE State had filed the reply to the petition and had submitted that the petitioner was paid salary up to 15.6.84. The petitioner was thereafter transferred from Gwalior to Ratlam, where he did no join, thus absented from duty. Therefore, it was submitted that the petitioner was not entitled to get any salary from 15.6.84 onwards.

(3.) IN the above order dated 10.10.87 it was observed by this Court that the salary may be paid. if found due. The respondent in that regard had submitted that the salary had not been found due. In the order there are no particulars about the representation or of the notice, which was required to be disposed of within a month. The respondent State had made its stand very clear in its reply. It was further submitted that the matter went up to the Apex Court. It was found by the Hon'ble Supreme Court that the writ petition could not be entertained by the High Court, as the subject matter was under consideration before the appellate Court, arising out of the suit pending before the District Judge.