Hon'ble Rajesh Chandra,J.
Nobody appears in the revised list on behalf of the appellant before this Court.
The appellants feel aggrieved by interim order dated 14.6.2010 passed by the Hon'ble Single Judge in Civil Misc. Writ Petition No.34756 of 2010, whereby not only the order of the Director of Education(Secondary) has been stayed, further direction has been issued to pay the petitioner's salary.
The learned counsel for the appellant contends that the Director of Education(Secondary) under the order dated 21.5.2010 had directed that since there is a dispute between the Management and the writ petitioner qua payment of arrears of salary for the period during which the petitioner has actually not worked and further since the contempt court had passed the order dated 12.3.2008, that such dispute be decided in the pending writ petition being Writ Petition No.4532 of 1999, the payment of arrears of salary be kept in abeyance till the petition is decided. He further contends that interim order granted virtually renders the writ petition filed before this court being writ petition No.4532 of 1999 as infructuous in as much as the entire arrears are paid to the petitioner then there will be no occasion for the court to examine the issue as notice in the order of the contempt court dated 12.3.2008 Annexure-6 to the present special appeal.
In the facts and circumstances of the case, we are of the prima facie view that the writ petition giving rise to the present appeal itself was not maintainable in view of the pendency of the earlier writ petition, whereunder the issue of arrears of salary for the period concerned is specifically under consideration namely Writ Petition No.4532 of 1999. The order impugned infact grants final relief at the admission stage itself which is not permissible. Notice on behalf of respondents no.1 to 3 have been accepted by the learned Standing Counsel.
Issue notice to the respondent no.4 through registered post returnable at an early date. Steps within a week.
Till the next date of listing operation of the order of the Single Judge dated 14.6.2010 shall remain stayed.
List on 16th July, 2010.
Order Date :- 25.6.2010 Mustaqeem.