Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5476 of 2012 Applicant :- Raj Narain Tiwari Opposite Party :- Vidhi Narayan Dios Counsel for Applicant :- M.C. Chaturvedi,Dwivedi S.C.,Mr Vikas Tiwari,S.C. Dwivedi Counsel for Opposite Party :- S.C.,Pradeep Chandra,Prateek Chandra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
This Court allowed the writ petition vide order dated 13 July 2012. Operative portion of the order reads thus:
"Accordingly, this writ petition succeeds and is allowed and the impugned order dated 5.10.2005 is hereby quashed. In case, the petitioner has worked on the said post, he shall be entitled to his salary, including the arrears but only till the period the said vacancy is made substantive and a selected candidate from the commission joins.
In the circumstances of the case, no order as to costs."
Learned counsel for the applicant has brought on record the appointment letter dated 18 July 2005 which reflects that applicant was appointed on the post of Assistant Teacher in L.T. Grade on short term vacancy.
On specific query, learned counsel for the applicant submits that the Second Removal of Difficulties Order was rescinded in 1999.
In view thereof, the applicant is not entitled to salary from the State exchequer, the remedy available to the applicant is to take recourse before the competent court against the Management of the Institution.
The petition being misconceived is, accordingly, dismissed with the aforesaid liberty.
Order Date :- 22.2.2019 S.Prakash