CHANDRA DHARI SINGH,J. - (1.) The instant intra-court appeal has been filed by appellants under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order dated 10.03.2010 passed by the learned Single Judge in Writ Petition No.1842 (SS) of 1994 by which the writ petition has been allowed with a direction to the respondents to call for the records and go through the orders passed by the State Government and this Court and release the payment of held up salary to the petitioner (respondent no.1 herein) within six weeks for the period 01.10.1992 to 03.02.1995. While allowing the writ petition, a cost of Rs.5000/- was also imposed on the respondents.
(2.) Brief facts of this case are that respondent no.1, who was working as a teacher in a Madarsa Darul Uloom Pir Batawan, District-Barabanki, has approached this court seeking payment of his held up salary w.e.f. 01.10.1992 to 03.02.1995. The said Madarsa is duly recognized and aided by Government of U.P. Initially the District Basic Educational Officer, Barabanki was exercising administrative control over this institution, later on, the District Minorities Welfare Officer became the supervisory authority in the District. The respondent no.1 has discharged his duties and functions during the above said period with utmost dedication but the salary was not paid as the same could not be processed. The respondent no.1 approached the superior authorities including the State Government and several letters and orders were issued by the District Minorities Welfare Officer, Barabanki and the State Government directed the Principal, Madarsa Darul Uloom Pir Batawan, Barabanki to settle accounts and released the payment of salary to the respondent no.1 for the abovesaid period but nothing has been done towards the payment of salary during the period as stated above. Thereafter, the respondent no.1 has filed Writ Petition No.1842 (SS) of 1994, which has been allowed vide impugned order dated 10.03.2010.
(3.) It has been submitted by learned Counsel for appellants-State that while passing the impugned order, the learned Single Judge has erred in law by not taking into consideration the fact that the writ petition was filed in the year 1994 in which on 19.02.1999, the appellant-District Minority Welfare Officer, Barabanki have been impleaded as respondents after control being taken by the appellants over the institution and also on 19.03.1999, the notices have been issued but the writ petition was dismissed for want of prosecution on 12.08.1999. Thereafter, it was restored on 20.08.1999 and the writ petition has been finally allowed only on the basis of the supplementary affidavit filed by the respondent no.1 placing on record several orders issued by the State Government directing the Principal to settle the account and release the payment of salary to the respondent no.1.;