S.U.KHAN, J. - (1.) PETITIONER is a class-IV employee (Chaukidar). Through order dated 25.3.1992, petitioner was transferred from Government Girls Inter College (GGIC), Banda to Government Inter College (GlC), Mataunth (District Banda). Against the said order, petitioner filed the first writ petition in which interim order was granted on 13.4.1992 directing that petitioner should not be transferred in case no other person had taken over in the place of the petitioner.
(2.) ACCORDING to the allegations made in the second writ petition, petitioner was not permitted to resume/continue his duties at G.G.I.C., Banda in spite of the stay order and its communication to the Principal, G.G.I.C. Petitioner also filed application before D.I.O.S./R.I.G.S. and also to Collector, Banda. It is alleged that application/complaint was sent to Collector, Banda through registered post (Para-8 to the second writ petition). It is alleged in Para-9 of the second writ petition that on 2.6.1992 also petitioner gave some application. However, copy of the said application has not been annexed. In Para-10, it is stated that thereafter several applications were given by the petitioner in 1994,1995 and 1996. Copy of the application dated 15.5.1996 addressed to Joint Director of Education (Women), Allahabad is Annexure-7 to the second writ petition. In the said application, it is mentioned that in pursuance of interim order passed in the first writ petition, petitioner was permitted to join on 20.4.1992 by the Principal of G.G.I.C., Banda, however he was not permitted to sign the attendance register and no salary had been paid to the petitioner. It was requested that salary from March 1992 should be paid to the petitioner and petitioner must be permitted to sign the attendance register. It was also mentioned that petitioner had given several applications. No date of any application alleged to have been earlier made was given in the said application. It is also not mentioned in the writ petition that in what manner application dated 15.5.1996 was given either to Joint Director or to any other authority. Neither it is stated that it was sent through registered post nor it has been stated that it was got received by the Officer/Official concerned. In Para-11 of the second writ petition, it is mentioned that since 31.1.1998 a post fell vacant in G.G.I.C., Banda due to retirement of Smt. Ratiya, a class-IV employee still petitioner was not permitted to join in spite of his reminder dated 14.8.1998, copy of which is Annexure-8 to the second writ petition. In respect of this representation also, it has not been stated that in what manner, it was given to the Principal, G.G.I.C., Banda to decide the claim of the petitioner. Thereafter, petitioner filed W.P. No. 39395 of 1998, which was disposed of on 16.12.1998 directing the Principal, G.G.I.C. Thereafter on 18.3.1999 order was passed in favour of the petitioner by the Principal, G.G.I.C., Banda and petitioner was permitted to join. However, it was mentioned that salary from 1992 when petitioner was transferred till date of passing of the said order (18.3.1999) salary would not be paid to the petitioner. In Para-18 of the second writ petition, it is mentioned that petitioner resumed his duties in G.G.I.C. Banda on 20.3.1999 and is being paid salary since then. The claim in the second writ petition is for arrears of salary from 26.3.1992 till 19.3.1999 (about 7 years). For payment of salary for the period of this 7 years, petitioner earlier also had filed W.P. No. 17858 of 2000, which was disposed of on 13.4.2000 with the direction to the authority concerned to decide the matter. Thereafter, contempt petition was also filed. Thereafter through order dated 27.3.2002 contained in Annexure-17 to the second writ petition, Principal held that as petitioner had not worked for the said period, hence he was not entitled for the salary of the said period. Order dated 27.3.2002 has been challenged through the second writ petition.
(3.) AS petitioner has been permitted to join at G.G.I.C., Banda, hence first writ petition has become infructuous and is disposed of with the observation that transfer order dated 25.3.1992 transferring the petitioner from Banda to Mataunth shall not be given effect to.;