NIRMALA VERMA Vs. FIOZ MOHAMMAD

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE fact of the case, in brief, are that the plaintiff respondent filed an application under Order 39 R. 2a of the C. P. C. against the Officers of the Municipal Corporation, Jaipur. In these contempt proceedings the plaintiff respondents filed an application under Section 151 of the C. P. C. and prayed therein to direct to those Officers to pay to him the salary. Under the impugned order the learned trial court directed these Offices to pay the amount of salary mentioned therein to the plaintiff respondent. It is further ordered that so long as he continues in service of the Corporation he shall be paid regularly monthly salary.

(3.) IN the application under Section 151 of the C. P. C. filed on 31. 8. 2000 a prayer has been made for payment of the salary. IN this application it is admitted by the plaintiff respondent that the Cheque of Rs. 5660/- has been give. IN reply to this application it is stated that it was only a contractual service for a period of six months. After 28th of July, 1999 he did not work nor any work was taken from him. The learned trial court has not decided the application filed by the plaintiff respondent under Order 39 R 2a of the C. P. C. but under the impugned order this application filed under Section 151 of the C. P. C. in those proceedings has been decided and the order has been passed for payment of the salary to the plaintiff respondent for the period exceeding the period of contractual period of service.