Vijay Misra vs State Of U.P. Thru. Prin. Secy. ...
2012 Latest Caselaw 3667 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 9196 of 2011
 

 
Petitioner :- Vijay Misra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Basic Edu.& Ors.
 
Petitioner Counsel :- D.P. Dutt Tiwari
 
Respondent Counsel :- C.S.C.,D.R. Misra
 

 
Hon'ble Ajai Lamba,J.

Sri Pankaj Pathak, Advocate, holding brief of Sri D.R. Mishra, Advocate, seeks adjournment.

On 20.7.2012, following order was passed:

"Learned counsel for the petitioner asserts that salary is not being paid since August, 2011  although the petitioner is serving continuously.

Counter affidavit has not been filed till date, although respondents came to know of the pending petition in November, 2011.

On 22.5.2011, it was made clear to the respondent that four weeks' time is given and no more time to file counter affidavit.

Needful has not been done till date.

Let counter affidavit be filed within two weeks positively.

Rejoinder affidavit be filed within one week thereafter.

List this case on 23.8.2012."

It transpires that counter affidavit has not been  filed till date.

The  petitioner prays for salary payable since August, 2011.

The case is adjourned, however, subject to payment of costs of Rs.5000/-(Five thousand only), payable to the petitioner. The respondents would be at liberty to recover the costs from the salary of the official/officer, who is found responsible for causing delay in court process.

Let counter affidavit be filed on or before 31.8.2012.

Rejoinder affidavit, if any, be filed by 05.9.2012.

List for arguments on 12.9.2012.

Order Date :- 23.8.2012

A.Nigam