BINOD KUMAR ROY AND LAKSHMI BIHARI, JJ.

( 1 ) THIS Special Appeal under Chapter VIII, Rule 5 of the Rules of the Court, was directed vide order dated 14. 9. 1999 by the Bench presided over by Honble the Chief Justice to be listed before a Bench presided over by one of us (Binod Kumar Roy, J) today and that is how even though the office had issued notices of this Appeal and the Stay petition to respondent No. 1 by registered post with A/d fixing 21,9. 1999 in regard thereto. It has been listed today before us.

( 2 ) THE order under appeal passed in Civil Misc. Writ Petition No. 21685 of 1999 filed by respondent No. 1 herein, reads thus :

"heard learned counsel for the parties. Until further order I direct that petitioner shall get salary of L. T. Grade teacher and no recovery shall be made in respect of L. T. Grade which she has already received. "

( 3 ) PERUSAL of the record discloses that when this appeal was listed before the Bench presided over by Honble Chief Justice, the operation of the order of the learned single Judge was stayed vide order dated 18. 8. 1999.

( 4 ) SRI R. N. Singh, learned senior counsel appearing in support of this appeal as well as stay application, contende

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