JUDGEMENT
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(1.) The petitioner was appointed as temporary Collection Amin in 1994. Copy of his appointment letter is on record as Annexure-1 to the writ petition.
(2.) It appears that in the year 1995 his salary for three months was not paid to him. Thus, he preferred a writ petition no.24766 of 1995 (Mukhtar Ahmad Ansari v. Tehsildar, Padrauna and others) wherein the following interim order was passed:-
"Counter affidavit is to be filed within five weeks from today. Rejoinder affidavit, if any, may be filed within another period of two weeks.
List this writ petition after the completion of affidavits.
In the meantime, respondents are directed to pay outstanding salary, with effect from June, 1995 month by month,if the petitioner is still working as Collection Amin."
(3.) It is stated that in compliance of the said order, the petitioner was paid his salary, thus, in fact, the writ petition has become infructuous. However, unfortunately, the writ petition was dismissed for non-prosecution. An application has been moved to recall the said order.;
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