Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the Petitioner, learned Standing Counsel for the State -Respondents and Sri B.D. Mandhyan, learned Counsel Respondent No. 2.
(2.) LEARNED Counsel for the Petitioner states that the Petitioner's father was appointed as a Assistant Librarian on 01.01.1974 in Rastriya Inter College, District Bulandshahr whereafter his services were terminated which was challenged by the Petitioner's father by way of filing a civil suit No. 273 of 1980 which was allowed by the IInd Additional Munsif, Bulandshahr vide its judgment and decree dated 16.04.1982. Being aggrieved from the aforesaid judgment and decree the committee of management filed an Appeal before the Ist Additional District Judge, District Bulandshahr, being Appeal No. 206 of 1982 which was also dismissed by the Ist Appellate Court on 26.04.1986 against which, the Committee of Management filed a second appeal No. 1402 of 1986 before this Court, which was dismissed. Inspite of the various representations being made but no directions were issued by the education authorities and the Petitioner's father was not paid salary since the date of passing of the termination order nor he was paid any post retirements dues.
(3.) IN the counter affidavit filed by the State, the aforesaid fact has not been denied but in para 3 of the affidavit it has been averred that after passing of the order by this Court in second appeal afore -detailed directions were issued to the committee of management by educational authorities to pay the salary and other dues to the Petitioner from the date of passing of the judgment dated 15.05.1997 passed in second appeal from their own funds. Photo copy of the same has been produced before this Court which does not contain any such direction as has been issued by the educational authorities. The termination of Petitioner's late father was held to be illegal, this Court fails to understand why and how the salary and post retirement dues has not been paid to the Petitioner's father.;