Kuber Nath Ram vs D.I.O.S. And Others
2012 Latest Caselaw 3941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 1956 of 1994
 

 
Petitioner :- Kuber Nath Ram
 
Respondent :- D.I.O.S. And Others
 
Petitioner Counsel :- P. Padia,Pramod Kumar Singh,Satish Kumar
 
Respondent Counsel :- S.C.,R.C.Dwivedi
 

 
Hon'ble Rajes Kumar,J.

The matter relates to 1994. In the writ petition the petitioner has sought a mandamus for the payment of salary on the ground that he was duly appointed Class IV employee in the institution.

The writ petition was entertained on 11.1.1994. The respondents were directed to file counter affidavit and an interim direction was issued that if the petitioner is working, the respondent is directed to pay the salary to the petitioner for the period he has worked. The said writ petition has been admitted on 8.3.1994 and time for counter affidavit has been granted. The Court has further granted time on 20.4.2012. As a last opportunity four weeks time was allowed to the Standing Counsel to file counter affidavit on 23.7.2012 but till date counter affidavit has not been filed.

Sri Pankaj Rai, learned Additional Chief Standing Counsel states that the orders of the Court have been communicated to the concerned District Inspector of Schools by fax but he has not received the instruction. He prays that some reasonable time may further be allowed.

On the request of learned Additional Chief Standing Counsel, a week's time is allowed to file counter affidavit on costs of Rs.1,000/-.

List on 10.9.2012. On that day, District Inspector of Schools, Ballia is directed to appear in person to show cause that why despite the time being granted, counter affidavit has not been filed.

Order Date :- 3.9.2012

OP