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2009 Supreme(SC) 128

TARUN CHATTERJEE, H.L.DATTU
Raj Kishore Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant :Sanjay Parikh, Jitin Sahni, Ms. Mamta Saxena, A.N. Singh & Ms. Anitha Shenoy, Advocates.
For the Respondent:Prashand Chaudhary, Bharat Ram & Shrish Kumar Misra, Advocates.

ORDER

1. Leave granted.

2. Heard learned counsels for the parties to the lis.

3. This appeal is directed against the orders passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 20552 of 1988 dated 05.08.2003 and the orders passed on Restoration Application No. 216574 of 2005 dated 02.11.2006. By the impugned orders, the court has rejected the writ petition for non-prosecution and further, has declined to grant the relief sought in the Restoration Application only on the ground that the reasons stated in the affidavit accompanying the application are not satisfactory.

4. A Principal working in the “Paramhans Sanskrit Pathshala” is fighting against the mighty Management for payment of his salary and other allowances right from the year 1988. Since all his efforts to pursue the Management to distribute the arrears of salary and the current salary due to him, he was constrained to approach the court, inter alia, requesting the court to issue a writ in the nature of mandamus, commanding the respondents to release the entire arrears of salary to which he is entitled to and further, to continue to pay his salary and other allowances as and when the











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