S.U. Khan, J. - (1.) THIS is a very strange case. The writ petition was dismissed in default on 16.9.2003. Thereafter restoration application was filed for recalling the above order. The said restoration application was dismissed in default on 17.12.2003. Thereafter another restoration application was filed within two days for recalling the order dated 17.12.2003.
(2.) LEARNED counsel for the petitioner states that petitioner is getting salary till date under interim order dated 9.7.1986 as confirmed on 30.11.1988. The writ petition was dismissed in default more than five years before, with the result that the interim order stood vacated automatically still the petitioner is constantly getting salary. During last four months, while sitting in service matters, I have heard 250-300 such restoration applications where the writ petitions were dismissed 5-10 years before but petitioners are constantly getting salaries under interim orders which had been passed in the writ petitions. It can therefore, safely be inferred that there may be about ten thousand such employees (particularly teachers of aided schools and colleges) who are getting salaries from the State exchequer under the interim orders passed by this Court which have expired (due to dismissal of writ petitions). This is an alarming situation. Learned Standing Counsel shall send a copy of this order to the Chief Secretary and Secretary, Secondary Education and to all the D.I.O.S. and District Magistrates. It is further directed that henceforth no salary under interim order of this Court shall be paid, if the interim order is ten or more years old, unless every year in March evidence of pendency of the writ petition in which stay order was passed is filed before the authority concerned.
(3.) LEARNED Standing Counsel shall ask all those D.I.O.S., who were posted at Agra since January 2004 till date to show cause as to why a direction shall not be given for recovery of the salary which has been paid to the petitioner from them. List the restoration application peremptorily at the top of the list on 24.3.2009 before the appropriate Court. The case shall not be treated to be tied up on the part heard with me.;