Hon'ble Virendra Kumar Dixit,J.
We have heard Sri Ashwini Kumar Misra, learned counsel for the appellant and learned standing counsel appearing for the respondents no.1 to 4 who prays for and is allowed one month's time to file counter affidavit. Learned counsel for the appellant may file rejoinder affidavit within next three weeks.Issue notice to respondent no.5 by registered post. Steps be taken within two weeks. Office shall send notices returnable at an early date.
List on the date fixed by office in the notice.
It is claimed by learned counsel for the appellant that in W.P. Nos. 57178 of 2008 and 48782 of 2008 some dispute concerning the committee of management is pending. It is further stated in the supplementary affidavit that Contempt Application (Civil) No.3618 of 2008 was also pending with regard to the same dispute and the order dated 18.12.2009 passed by learned Single Judge in the aforesaid contempt has been stayed in Contempt Appeal Defective No. 2 of 2009.
Learned counsel for the appellant has urged that the teachers, the principal and non teaching staff of the institution are not getting salary because of the pendency of the writ petition. We are of the opinion that though the dispute is pending with regard to the rival committee of management, but the salary should be disbursed to the teachers, principal and other staff of the institution and as such the order dated 18.12.2009 passed by the learned Single Judge is liable to be stayed.
Until further orders of this court the order dated 18.12.2009 passed by the learned Single Judge shall remain stayed. We further direct the District Inspector of Schools, Orai at Jalaun to ensure payment of salary to the teachers, principal and other non teaching staff of the institution within one month from the date a certified copy of this order is produced before him.
Order Date :- 19.1.2010 SC