Ramu vs Rakesh Kumar Srivastava & Another
2012 Latest Caselaw 516 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT No. - 1996 of 2010
 

 
Petitioner :- Ramu
 
Respondent :- Rakesh Kumar Srivastava & Another
 
Petitioner Counsel :- Indra Mani Pandey
 
Respondent Counsel :- Rakesh Kr.Tewari
 

 
Hon'ble Dr. Satish Chandra,J.

Sri D.R. Singh Yadav, learned counsel for  the petitioner submits that vide an interim order dated 09.11.2009, passed in writ petition No. 7041 (S/S) of 2009, this Court has given a direction to the opposite parties to ensure the payment of salary for the period when the petitioner had discharged his duties. 

Learned counsel further submits that the petitioner had discharged his duties as Anuchar (Sevak) for the period 18.06.2004-28.08.2009.  But no payment has been made to him.

On the other hand, Sri Rakesh Tiwari, learned counsel for the opposite parties submits that the services of the petitioner were terminated as he was appointed illegally.  The termination is the subject-matter of the writ petition.

After hearing both the parties, I am of the view that the petitioner is entitled for the salary prior to the termination for the aforesaid period when he has discharged his duties.

In view of above, I direct the opposite parties i.e. BSA and Finance and Accounts Officer, Sitapur to remain present along with the entire record pertaining to the petitioner on the next date of listing.

Learned Standing counsel shall ensure the presence of both the officers concerned, on the next date of listing.

List on 24.04.2012.

Order Date :- 19.4.2012

Nitesh