Arun Tandon, J. - (1.) Petitioner Sri Prem Narain Nigam claims to have been appointed as permanent Principal of C.O.D. Adarsh H.S. School, Kanpur and thereafter absorbed as permanent Principal of Shri Sidheshwar H.S. School, Gopalpur, Fatehpur w.e.f. 5th June, 1984. While working as permanent Principal of Shri Sidheshwar H.S. School, the petitioner according to his own allegation was placed under suspension w.e.f. 20th December, 1985.
(2.) According to petitioner he was not served with any charge sheet and retired on 31st December, 1986 in view of his having attained the age of 60 years in December, 1986. Despite representations, the petitioner alleges to have not been paid any penny towards arrears of salary as well as retiral benefits. Feeling aggrieved, the petitioner filed original suit, being Suit No. 47 of 1990. The relief sought therein was for payment of arrears of salary as well as pension. The suit is alleged to have been decreed on 30.1.1993 in absence of the defendants.
(3.) The defendants, therefore, filed an application under Order 9, Rule 13 of the Code of Civil Procedure for restoration of the suit to its original number after recall of the ex parte order. The application was rejected by the trial court vide order dated 12th October, 1995. The defendants preferred an appeal, which was also dismissed by the First Appellate Court on 1st December, 1998 being barred by limitation. Against the order dated 1st December, 1998, defendants filed a writ petition before the High Court of Judicature at Allahabad, being Writ Petition No. 6961 of 1999. The writ petition was ultimately allowed by this Court vide judgment and order dated 15th May, 2002 and the matter was remanded to the District Judge for re-hearing the application for condonation of delay in filing of the appeal, on merits.;