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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

CONTEMPT PETITION(C) NO.266 OF 2005

IN

WRIT PETITION (C) NO.580/1995

RAM NARESH PRASAD SINGH                          Petitioner(s)

                       VERSUS

G.S.KUNG & ORS.                                 Respondent(s)

WITH CONMT.PET.(C)NO.380/2004 IN W.P.(C)NO.580/1995

O R D E R

1. Heard both sides.

2. The petitioner in both the petitions-Ram Naresh Prasad Singh was

initially appointed as a Science Teacher in a Sanskrit School.  The school was

being maintained by the Sanskrit Siksha Board but, later in the year 1980,

the  school  was  taken  over  by  the  Government  under  the  provisions  of

Ordinance dated 18.12.1989.   The petitioner was allegedly continued  as a

teacher  in  the  school  but the salary was being paid by the  government.

Though the respondents  contend that  in the year 1989 his  service  was

terminated,  but  some  of  the  records  produced  before  us  show  that  he

continued as a teacher till 2002 and thereafter as an Assistant Head Master

upto 2004.  Learned counsel appearing for the Government contends that he

was not working as an Assistant Head Master and  was not attending the

school and the records show that he   continued     as  an    Assistant    Head

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Master   as   there   was     no

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effective  order  of  termination  was  passed  in  his  favour.  Though  several

pending proceedings were against him, the appropriate authority had not

passed any order and this led to a situation where the petitioner had to

continue in the school as an Assistant Head Master.

3. The  petitioner  alleges  that  he  was  not  paid  any  salary  from

1.4.2002 till December, 2003.  Having regard to the peculiar circumstances

of the case, we direct respondent nos.1,2 and 3  to pay a sum of Rs.1 lac to

the petitioner within a period of three months as final settlement.

4. The contempt petitions are disposed of accordingly.  No costs.     

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P.SATHASIVAM)

NEW DELHI; 7TH AUGUST, 2008.