Special Appeal filed against the dismissal of a writ petition seeking salary and interest from the date of appointment. The High Court set aside the lower court's impugned order, allowing the appeal.
Set aside the judgment and order dated 19 April 2018; Special Appeal allowed.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 462 of 2018
Appellant :- Ajai Prakash Respondent :- District Inspector Of Schools And 2 Ors Counsel for Appellant :- Kunal Ravi Singh,Manjari Singh Counsel for Respondent :- C.S.C.,Ganga Prasad
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal has been filed against the judgment and order dated 19 April 2018 of a learned Judge of this Court by which Writ-A No.12188 of 2000 that had been filed for a direction upon the respondents to pay salary to the writ petitioner, has been dismissed.
The judgment is reproduced below:-
"1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
(i) issue a writ, order or direction in the nature of Mandamus directing the respondents to pay continuous salary to the petitioner right from the date of his appointment till regular selection on the post held by the petitioner is made.
(ii) the respondents be also directed to pay interest on the entire amount due to the petitioner with effect from the date on which is became actually due till the date it is paid to the petitioner."
Learned counsel for the petitioner-appellant has submitted that the counsel for the petitioner-appellant could not appear before the learned Judge. It is also submitted that cause of action still survives but as the matter has been decided on merits, a recall application cannot be filed.
In the absence of counsel for the petitioner-appellant, the learned Judge has, after reading the pleadings, found that the petitioner-appellant has not been able to make out a case for the Court to interfere. The learned Judge has also observed that the matter may have been rendered infructuous as counsel for the petitioner-appellant has stated that he could not appear before the Court.
In the facts and circumstances of the case, and when the matter has not been rendered infructuous, we consider it appropriate to set aside the judgment and order dated 19 April 2018.
The Special Appeal is allowed.
Order Date :- 18.5.2018 Junaid
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
3 issues framed by the court
Whether the order dismissing the writ petition for salary payment should be set aside in absence of infructuousness.
Whether the appellant is entitled to salary continuity and interest from the date of appointment.
Whether the order dated 19 April 2018 requires intervention due to lack of representation in lower court.
Ajai Prakash
District Inspector Of Schools And 2 Ors
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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