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Triloki Nath v. G.M., Jal Sansthan, Agra And Others - WRIT - A No. 8972 of 2007  RD-AH 2803 (20 February 2007)
Court no. 1
Civil Misc. Writ Petition No. 8972 of 2007
Triloki Nath versus The General Manager, Jal Sansthan
Agra and others.
Hon'ble Rakesh Tiwari,J.
The Standing Counsel has accepted notice on behalf of respondent nos. 3 and 5 while Sri Abrar Ahmad, Advocate has accepted notice on behalf of respondent nos. 1,2 and 4.
Heard counsel for the parties and perused the record.
The contention of the counsel for the petitioner is that this Court by judgment and order dated 29.8.2005 in Civil Misc. Writ Petition No. 46203 of 1992, Triloki Nath Vs. General Manager and others has given a finding that the petitioner has worked from the date of his very appointment on the post of Stenographer though he was appointed as ''Khalasi'. It is further contended that this Court has observed that the petitioner has worked as Stenographer since the date of his appointment by virtue of interim order dated 22.12.92. The Court has further directed that in case the petitioner makes an application before respondent no.1 detailing the period during which he has worked as Clerk and the period during which he has worked as Stenographer respondent no.1 shall ensure that a fair decision is taken by him preferably within three months from the date of certified copy of this order and the application is filed before him. This observation was made on the basis of the judgment rendered in Kameshwar Prasad Vs. State of Bihar and others, 1985 6SCC-44.
The further contention of the counsel for the petitioner is that the question of payment of salary of the petitioner has been detailed in the representation dated 10.11.2005 and the reminders dated 15.4.2006, 4.7.2006, 11.9.2006 which has not yet been decided by the Authority concerned as directed by this Court.
The representation dated 10.11.2005 has not been annexed or appended with the writ petition as such it cannot be said that the petitioner has taken a specific point with regard to payment of his salary for the period he had worked as Stenographer though he was appointed as ''Khalasi'.
The counsel for the respondents prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
It is made clear that this Court is of the opinion that if the petitioner has any existing right against his grievance, he may approach the Labour Court under Section 6-H (2) of the Act or any other forum, if he so advised. The counsel for the petitioner states that earlier this Court has passed an order on 29.8.2005 in the case of the petitioner in Civil Misc. Writ Petition No. 46203 of 1992, Triloki Nath Vs. General Manager and others and Contempt Petition has also been filed before this Court in compliance of the aforesaid order dated 29.8.2005. The counsel for the petitioner will also address the Court on the question of alternative remedy on the date fixed.
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