- (1.) This intra-court appeal is directed against the order dated 17.08.2004 whereby the learned Single Judge of this Court dismissed the writ petition (CWP No.2025/2004) after finding no merit in the claim made by the petitioner-appellant for payment of salary for the period he was denied appointment on the post of Physical Training Instructor Grade-III; essentially with reference to the categorical admission made in the contempt proceedings that all the due payments had been received.
(2.) The relevant background aspects are that upon the respondents' advertising the vacancies on the post of Physical Training Instructor Grade-III for the academic session 1997-1998, the appellant applied, being eligible therefor. It appears that there had been a dispute about the bonus marks allowable to the appellant for participation in the sports activities and he had filed a writ petition bearing number 3846/1996 that was allowed by the following order dated 14.02.1997:- Counsel for the parties agree that the writ petition is fairly covered by a judgment of this Court delivered in S.B. Civil Writ Petition No.922/96 decided on 10.1.1997 and the directions as given in that case are required to be given in the present caser as well. The writ petition is allowed in the same terms as S.B. Civil Writ Petition No.922/96 with the modification to the extent that the last para mentioned in the above said writ petition which is reproduced, as under, shall be applicable in the present case: 'The learned counsel relies on the authority in Ashok Kumar vs. State of Andhara Pradesh & Ors., 1996 3 SCC 320 wherein it was held that if the selection has already been effected and candidates already selected and appointed then no relief can be given for the present. However, if any vacancy is lying vacant for the relevant period of advertisement, the petitioners would be considered against that. The petition is disposed of with the above said directions.' The writ petition is allowed in view of above.
(3.) An intra-court appeal taken by the State Government against the said order dated 14.02.1997 was dismissed on 04.08.1997. Thereafter, the respondent No.3 proceeded to issue the select list of Physical Training Instructor Grade-III on 10.03.1998 (Annex.3) including the name of the appellant at Serial No.6-B. However, after disposal of certain objections, an amended list came to be issued on 23.03.1998 (Annex.4) deleting the name of the appellant and on the basis of this modified select list, the appointment orders were issued on 24.03.1998 and 29.03.1998 (Annex.5).;