Supplementary affidavit filed today is taken on record.
List has been revised.
Heard Sri Upendra Nath Mishra, learned counsel for the petitioners and Sri P.R. Kanaujiya for B.S.A. who has made request that the case may be adjourned for today because Sri U.N. Sharma, learned Senior counsel has to appear in this matter and he has not come today. Sri Upendra Nath Mishra, counsel for the petitioner has insisted that the matter is quite urgent as the petitioners who are admittedly working, are not being paid salary. Nothing can be more important than payment or wages in exchange for the labour which a person is putting in. The matter may not be adjourned because it is being taken in the revised list. Counsel for the petitioners has been waiting since morning for his turn. It is a matter of payment of salary, accordingly, this Court has taken up the same. Learned counsel for the petitioners has drawn the attention of this Court towards an order dated 26.10.2007, which is quoted as below:- "Hon'ble Devi Prasad Singh, J.
Learned Chief Standing counsel has accepted notice on behalf of opposite parties no. 1 and 2. Shri Ghaus Beg learned counsel has accepted notice on behalf of opposite party no. 3. As prayed, two week's time is allowed to file counter affidavit, a week for rejoinder affidavit. List on 15.11.2007.
In the meantime, petitioners' services shall not be dispensed with by the opposite parties and they shall be permitted to continue in service. 26.10.2007 Sd./"
As can be seen, the interim order was passed that the services of the petitioners shall not be dispensed with and they shall be permitted to continue in service. Subsequently, on 23.11.2007 again an order was passed confirming the interim order, which is quoted as below:- ""Hon'ble Devi Prasad Singh, J.
List in the next cause list.
In the meantime, interim order dated 26.10.2007 shall continue till further orders of this Court. Learned Standing counsel shall file counter affidavit by the next date of listing.
Dt. 23.11.2007 Sd.\"
The argument raised by Sri Upendra Nath Mishra is that in pursuance of these two orders the petitioners are continuously working with the opposite parties and since they are working with the opposite parties, the payment of current salary should be paid to the petitioner in reference to Article 23 of the Constitution of India. Argument carries some weight. Accordingly, this Court directs that the opposite parties shall pay current salary to the petitioners w.e.f. from today. List this case in the next cause list.
Order Date :- 9.9.2010 kkm