Citation : 2013 Latest Caselaw 7546 ALL
Judgement Date : 19 December, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 25 Case :- WRIT - A No. - 13397 of 2002 Petitioner :- Smt. Meena Kumari Respondent :- Nagar Nigam Varanasi & Others Counsel for Petitioner :- Atul Kumar Pandey,A.C.Tiwari Counsel for Respondent :- C.K. Parekh,S.C. Hon'ble Anjani Kumar Mishra,J.
This case has been called out in the revised list.
Learned counsel for the petitioner is present.
Sri C.K. Parikh, who had accepted notice on behalf of the respondents is not present.
By the interim order dated 14.11.2003 it had been directed that the petitioner would be allowed to work on her undertaking recorded by the Court. It was further directed that the question regarding payment of salary would be considered later, after she assumes duty.
A supplementary affidavit has been filed on behalf of the petitioner on 8.8.2004 wherein it has been stated in paragraph 6 that the petitioner is being paid the salary of a daily-wager and not that of a regular employee. Further a direction has been sought that the respondent be directed to disburse the salary through her bank account No. 18302 in Union Bank, Branch Nagar Nigam, Varanasi.
Copy of the supplementary affidavit was served upon the counsel for the respondent on 14.08.2005.
It is clear from the order-sheet that on 18.8.2005 itself three weeks time had been granted to the counsel for the respondent to file a counter to the supplementary affidavit.
Although eight years have elapsed, no counter affidavit has been filed till date.
Moreover, the counsel for the respondent is not present even though the case has been taken up in the revised list.
Under the circumstances, the respondent is granted three weeks and no more time to file a counter affidavit to the supplementary affidavit.
List this matter peremptorily on 21.1.2014.
Learned counsel for the petitioner shall inform the counsel for the respondent in writing about this order within 24 hours.
In the meantime, it is provided that the respondents shall pay the salary of the petitioner into her bank account No. 18302 in Union Bank, Branch Nagar Nigam, Varanasi.
Order Date :- 19.12.2013
Priyanka
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