JUDGEMENT
S.H.A.Raza, J. -
(1.) Often grant of interim order at the initial stage, when the writ petition is filed not only results
into miscarriage of justice, but also results into multiplicity of the proceedings. Besides the
above, it creates problems also for the executive authorities to implement the orders particularly,
when they are hauled up in contempt proceedings. If, on one post, the Court directs the payment
of salary to two persons, in two different writ petitions, the order cannot be implemented, hence
it would be necessary that instead of passing orders, on writ petitions, where each of petitioner
has conflicting interest, the controversy should be finally set at rest.
(2.) With this prelude, we advert to point out the facts of each case, of respective parties, in all the
writ petitions, which have been clubbed together, and are being decided by a common judgment,
as the question of facts and law raised in all the writ petitions, can be decided by a common
judgment.
(3.) Writ Petition bearing No. 2491 (SB) of 1991 was filed by Sri Vinod Kumar Singh on
23.4.1991, praying for issuance of a writ in the nature of mandamus commanding the D.I.O.S.,
Sultanpur, Committee of Management, Ganpatsahai Postgraduate College, Sultanpur, Principal,
G.S.P.G. College, Sultanpur, to release forthwith the entire arrears of salary of the petitioner with
effect from 4.2.1991 and to continue to pay him full salary and allowances each and every month
as and when the same falls due. On 23.4.1991, Hon'ble S. S. Ahmad. J. (as he then was) passed
the following order :
"Issue notice to opposite parties 2 and 3 to show cause why the petition be not admitted. Notice
on behalf of the opposite party No. 1 has been accepted by the chief standing counsel. The notice
shall be returnable by 12.7.1991.
In the meantime, opposite parties are directed to pay full salary to the petitioner, who, prima
facie, appears to have been regularly appointed on the post in question and the Vice Chancellor's
approval has also been obtained. Salary shall be paid with effect from 1.5.1991. The arrears of
salary from 8.2.1991 shall also be paid to the petitioner subject to further orders of the Court."
In the said writ petition, the petitioner Vinod Kumar Singh staked a claim that in pursuance of
the advertisement dated 17.7.1990 for two vacant posts of Lecturer in Physics, he was selected as
a Lecturer by the selection committee on a permanent post. According to the petitioner, the Vice
Chancellor granted approval to the appointment of the petitioner on 27.3.1991. but when he was
not paid his salary, he represented to the authorities concerned.;
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