OM PRAKASH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2010-1-154
HIGH COURT OF ALLAHABAD
Decided on January 12,2010

OM PRAKASH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

SHISHIR KUMAR, J. - (1.) HEARD learned counsel for petitioner and learned Standing Counsel.
(2.) THIS writ petition has been filed for quashing the order dated 4.3.2005 passed by District Inspector of Schools Azamgarh. A preliminary objection regarding latches has been raised by the Learned Standing Counsel that this writ petition has been filed after a lapse of five years praying for quashing the order dated 4.3.2005.
(3.) LEARNED counsel for petitioner submits that it was only in the contempt proceeding pending before this Court, the order of 2005 was annexed with a counter affidavit then petitioner came to know in the month of August, 2009 regarding the aforesaid order. Petitioner claims that he was appointed as Lab Assistant in the institution in the year 1996. The salary was not being paid then he approached this Court in 2002 by filing a writ petition No.7600 of 2002 which was finally disposed of on 20.2.2002. According to petitioner, authorities have not complied the order therefore, petitioner filed a contempt petition before this Court as Contempt Petition No.91 of 2003. The compliance report was filed on 6.8.2008 then petitioner came to know regarding the order dated 4.3.2005. Prior to that date he was not aware regarding the aforesaid order, therefore, there was no occasion for challenge the same.;


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