Ram Naresh Prasad
Singh Vs. G.S.Kung & Ors. [2008] INSC 1330 (7 August 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION(C) NO.266 OF 2005 IN
WRIT PETITION (C) NO.580/1995 RAM NARESH PRASAD SINGH Petitioner(s) VERSUS
G.S.KUNG & ORS. Respondent(s) WITH CONMT.PET.(C)NO.380/2004 IN
W.P.(C)NO.580/1995
ORDER
1.
Heard
both sides.
2.
The
petitioner in both the petitions-Ram Naresh Prasad Singh was initially
appointed as a Science Teacher in a Sanskrit School. The school was being
maintained by the Sanskrit Siksha Board but, later in the year 1980, the school
was taken over by the Government under the provisions of Ordinance dated
18.12.1989. The petitioner was allegedly continued as a teacher in the school
but the salary was being paid by the government.
Though the
respondents contend that in the year 1989 his service was terminated, but some
of the records produced before us show that he continued as a teacher till 2002
and thereafter as an Assistant Head Master upto 2004. Learned counsel appearing
for the Government contends that he was not working as an Assistant Head Master
and was not attending the school and the records show that he continued as an
Assistant Head 2 Master as there was no 3 effective order of termination was
passed in his favour. Though several pending proceedings were against him, the
appropriate authority had not passed any order and this led to a situation
where the petitioner had to continue in the school as an Assistant Head Master.
3.
The
petitioner alleges that he was not paid any salary from 1.4.2002 till December,
2003. Having regard to the peculiar circumstances of the case, we direct
respondent nos.1,2 and 3 to pay a sum of Rs.1 lac to the petitioner within a
period of three months as final settlement.
4.
The
contempt petitions are disposed of accordingly. No costs.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(P.SATHASIVAM)
NEW
DELHI;
7TH
AUGUST, 2008.
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