1. Writ Petition No.4601 (S/S) of 1999 filed by the petitioner was disposed of vide judgment and order dated 03.04.2018, inter alia' in the following terms:-
"The petitioner was appointed on a Class IV post on 30th January,1996 against a substantive vacancy. The documents of appointment of the petitioner were forwarded to the D.I.O.S. for approval. The D.I.O.S. did not any decision on the same. Hence, the present writ petition was filed by the petitioner. The said writ petition was dismissed in default by this court vide order dated 29-03-2012. Though, the petitioner continued to work till 12th March,2012 and in view of dismissal of the writ petition, the petitioner was removed from service.
Submission of learned counsel for the petitioner is that since the petitioner had regularly worked from the year 1996 till the year 2012, against the substantive vacancy, he is entitled for payment of salary. He further submits that grievance of petitioner would be fully met in case representation of petitioner is decided by respondent no. 2 in a time bound manner.
In view of aforesaid and without entering into merits of the case, petitioner is permitted to make a fresh representation to Respondent no. 2, i.e. District Inspector of Schools(IInd), Lucknow alongwith certified copy of this order within a period of three weeks from today. In case, such a representation is made by petitioner, respondent no. 2, shall consider the same and pass appropriate orders thereon in accordance with law within a period of three months from the date a certified copy of this order is placed before him.
The petitioner was appointed on a Class IV post on 30th January,1996 against a substantive vacancy. The documents of appointment of the petitioner were forwarded to the D.I.O.S. for approval. The D.I.O.S. did not any decision on the same. Hence, the present writ petition was filed by the petitioner. The said writ petition was dismissed in default by this court vide order dated 29-03-2012. Though, the petitioner continued to work till 12th March,2012 and in view of dismissal of the writ petition, the petitioner was removed from service.
Submission of learned counsel for the petitioner is that since the petitioner had regularly worked from the year 1996 till the year 2012, against the substantive vacancy, he is entitled for payment of salary. He further submits that grievance of petitioner would be fully met in case representation of petitioner is decided by respondent no. 2 in a time bound manner.
In view of aforesaid and without entering into merits of the case, petitioner is permitted to make a fresh representation to Respondent no. 2, i.e. District Inspector of Schools(IInd), Lucknow alongwith certified copy of this order within a period of three weeks from today. In case, such a representation is made by petitioner, respondent no. 2, shall consider the same and pass appropriate orders thereon in accordance with law within a period of three months from the date a certified copy of this order is placed before him."
3. Pursuant to issuance of contempt notice, an affidavit of compliance of Mr. Nand Kumar, District Inspector of Schools-II, Lucknow has been filed, which is on record.
Along with the aforesaid compliance affidavit, copy of decision/order dated 14.01.2019, taken on representation of the petitioner, has been placed on record as Annexure A-1.
By means of the said decision dated 14.01.2019 the petitioner's representation has been decided and his claim for payment of salary has been rejected.
4. In view of the aforesaid, nothing survives in this contempt petition, which is dismissed as having been rendered infructuous.
Contempt notice stands discharged.
[Dinesh Kumar Singh,J.] Date :- 26.8.2019 MVS/-