Sri M.S. Rathore, learned counsel for petitioner submits that vide order dated 05.04.1999 passed in the writ petition No. 1361 (S/S) of 1999, this Court has extended the benefit of the judgment passed in writ petition No. 29290 of 1990 dated 18.01.1993 to the petitioners.
He further submits that the petitioners are working as Teacher in the Primary Section in Sanskrit Institution, but not getting the salary and other benefits have also not been given to them. It is a violation of the order passed by this Court.
On the other hand, Sri S.P.Tripathi, learned Standing Counsel submits that the benefit of the judgment passed in the writ petition No. 29290 of 1990 in the case of Ramesh Upadhyay was extended to the petitioners but against the said judgment the Hon'ble Supreme Court has referred the matter to a Larger Bench and the same is still pending. So, the order has not been complied with. He admits that there is no stay order passed by the Hon'ble Supreme Court.
After hearing both the parties, for the time being, I direct the opposite parties to pay the salary if the petitioners are working as Teacher in the Primary Section of the Sanskrit Institution, as per the mandamus given in the order passed by this Court (supra). However, in the order, it may be mentioned that the payment of salary shall be subjected to the outcome of the judgment passed by the Hon'ble Apex Court.
In view of above, I direct the DIOS and BSA, Ambedkar Nagar to comply the order passed by this Court on 05.04.1999 within a period of two weeks as stated above, failing which, they will have to appear in person before this Court on the next date of listing to explain as to why the contempt proceedings may not be initiated against them.
List on 04.05.2012.
Order Date :- 13.4.2012/Nitesh