Court No. - 4
Case :- WRIT - A No. - 27356 of 2018 Petitioner :- Sri Shirish Chandra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sameer Jain Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner is aggrieved against the non payment of salary to the petitioner on the post of assistant clerk in the institution pursuant to the order of this Court dated 16th May, 2018 passed in Writ-A No.- 11893 of 2018. The operative portion of the said order runs as under:-
"Consequently, writ petition is allowed. Order dated 7.5.2018, passed by the District Basic Education Officer, Varanasi is hereby quashed. Matter is remitted back to the District Basic Education officer, Varanasi for consideration of cause, afresh, within a period of two months from the date of presentation of certified copy of this order, after affording opportunity of hearing to the parties concerned.
It goes without saying that in the absence of approval granted by the District Basic Education Officer, respondent no. 3 is entitled to continue in service and is also entitled to receive salary."
It is admitted to the petitioner that he was a party in that writ petition and in the opinion of the Court, therefore, if the order of the Court has not been complied with, it is always open for the petitioner to file an appropriate contempt application under Section 12 of the Contempt of Courts Act, 1971.
With the aforesaid liberty, the writ petition stands disposed of.
Order Date :- 21.12.2018 Atmesh