Court No. - 62
Case :- WRIT - A No. - 3716 of 2003 Petitioner :- Dinesh Paliwal Respondent :- District Inspector Of Schools, Jalaun And Others Counsel for Petitioner :- Udai Karan Saxena,D.K.Srivastava Counsel for Respondent :- C.S.C.,N.K.Singh
Hon'ble Rajiv Joshi,J.
Heard Sri D.K. Srivastava, learned counsel for the petitioner and learned standing counsel for respondent no. 1.
This petition was filed in the year 2003, seeking a direction in the nature of mandamus commanding the respondents to make payment of salary to the petitioner for the post of Assistant clerk in Sri Ram Inter College, Pahargaon, Jalaun since the date of his joining.
This Court vide its order dated 13.8.2004, granted an interim order in favour of the petitioner, relevant part of which reads thus :
"Considering the facts and circumstances of this case, it is directed the the respondents shall pay the current salary to the petitioner or show cause by the next date of listing."
Pursuant to the aforesaid interim order, cause has been shown by the respondents by way of filing counter affidavit. The petitioner has also filed rejoinder affidavit annexing therewith copy of the order dated 17.5.2006 ( annexure-3 to the rejoinder affidavit), by which appointment of the petitioner was approved by DIOS, Jalaun, at Orai.
Thus, virtually this petition is rendered infructuous after approval of appointment of the petitioner.
At this stage, learned counsel for petitioner submits that arrears of his salary is yet to be paid.
After hearing the submissions, in my considered view, no useful purpose would be served to keep this petition pending at this stage.
Accordingly, the writ petition is being disposed of finally by granting liberty to the petitioner to make a representation in regard to his grievance within a period of three weeks before the DIOS concerned. In the event any such representation is made, the same shall be considered and decided by respondent no. 1 in accordance with law expeditiously within three months from the date of its receipt, by a speaking and reasoned order.
With the above observations, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.3.2018 SNT/