Petitioner sought salary for an appointment in a Social Welfare Department institution. Respondent undertook to decide the claim within two months, leading the court to dispose of the petition without merits.
Respondent directed to decide the petitioner's claim within two months from the date of this order.
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Court No. - 6
Case :- WRIT - A No. - 9237 of 2019
Petitioner :- Mahajan Ram
Respondent :- Director, Harijan Samaj Kalyan Vibhag And 3 Others Counsel for Petitioner :- Pradeep Kumar Mishra,Jai Prakash Prasad
Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned counsel for the respondents.
The petitioner claiming himself to have been validly appointed in the Primary Educational Institution which is run under the control of the Social Welfare Department, had petitioned the High Court by way of Civil Misc. Writ Petition No. 17316 of 2003 (Mahjan Ram And Another Vs. District Samaj Kalyan Adhikari And Others) . That petition was allowed by the learned Judge on 24 March 2006 with the observation that in case the order of the Director, Social Welfare dated 2 July 2000 be found to be factually correct, all salaries and other emoluments would be paid. According to the learned counsel, despite that order the respondents have not taken a final decision in respect of his entitlement till date. He has also referred to the last enquiry which was conducted and which according to him found that the petitioner was entitled to salary and other benefits.
In that view of the matter, learned Standing Counsel appearing for the second respondent states that subject to verification of all facts and contentions on merits being left open, the claim of the petitioner for grant of salary and other emoluments shall be duly attended to by the said respondent and disposed of in accordance with law and bearing in mind the judgment
rendered by the High Court on 24 March 2006 inter partes . It is further stated that a final decision shall be communicated to the petitioner with expedition and in any case within a period of two months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of in light of the statement, which is noted and recorded above.
Order Date :- 31.5.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether the claim for salary and emoluments can be disposed of without examining merits on the respondent's undertaking.
Mahajan Ram
Director, Harijan Samaj Kalyan Vibhag
Yashwant Varma
As recorded by the court registry
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