JUDGMENT Honble S.U. Khan, J.—Petitioner is a class-IV employee (Chaukidar). Through order dated 25.3.1992, petitioner was transferred from Government Girls Inter College (GGIC), Banda to Government Inter College (GIC), Mataunth (District Banda). Against the said order, petitioner filed the first writ petition in which interim order was granted on 13.4.1992 directing that petitioner should not be transferred in case no other person had taken over in the place of the petitioner. 2. According to the allegations made in the second writ petition, petitioner was not permitted to resume/continue his duties at G.G.I.C., Banda in spite of the stay order and its communication to the Principal, G.G.I.C. Petitioner also filed application before D.I.O.S./R.I.G.S. and also to Collector, Banda. It is alleged that application/complaint was sent to Collector, Banda through registered post (Para-8 to the second writ petition). It is alleged in Para-9 of the second writ petition that on 2.6.1992 also petitioner gave some application. However, copy of the said application has not been annexed. In Para-10, it is stated that thereafter several applications were given by the petitioner in 1994, 1995 and 1996. Copy of the application dated 15.5.1996 addressed to Joint Director of Education (Women), Allahabad is Annexure-7 to the second writ petition. In the said application, it is mentioned that in pursuance of interim order passed in the first writ petition, petitioner was permitted to join on 20.4.1992 by the Principal of G.G.I.C., Banda, however he was not permitted to sign the attendance register and no salary had been paid to the petitioner. It was requested that salary from March 1992 should be paid to the petitioner and petitioner must be permitted to sign the attendance register. It was also mentioned that petitioner had given several applications. No date of any application alleged to have been earlier made was given in the said application. It is also not mentioned in the writ petition that in what manner application dated 15.5.1996 was given either to Joint Director or to any other authority. Neither it is stated that it was sent through registered post nor it has been stated that it was got received by the Officer/Official concerned. 3. It is also not mentioned in the writ petition that in what manner application dated 15.5.1996 was given either to Joint Director or to any other authority. Neither it is stated that it was sent through registered post nor it has been stated that it was got received by the Officer/Official concerned. 3. In Para-11 of the second writ petition, it is mentioned that since 31.1.1998 a post fell vacant in G.G.I.C., Banda due to retirement of Smt. Ratiya, a class-IV employee still petitioner was not permitted to join in spite of his reminder dated 14.8.1998, copy of which is Annexure-8 to the second writ petition. In respect of this representation also, it has not been stated that in what manner, it was given to the Principal, G.G.I.C., Banda to decide the claim of the petitioner. Thereafter, petitioner filed W.P. No. 39395 of 1998, which was disposed of on 16.12.1998 directing the Principal, G.G.I.C. Thereafter on 18.3.1999 order was passed in favour of the petitioner by the Principal, G.G.I.C., Banda and petitioner was permitted to join. However, it was mentioned that salary from 1992 when petitioner was transferred till date of passing of the said order (18.3.1999) salary would not be paid to the petitioner. In Para-18 of the second writ petition, it is mentioned that petitioner resumed his duties in G.G.I.C. Banda on 20.3.1999 and is being paid salary since then. The claim in the second writ petition is for arrears of salary from 26.3.1992 till 19.3.1999 (about 7 years). For payment of salary for the period of this 7 years, petitioner earlier also had filed W.P. No. 17858 of 2000, which was disposed of on 13.4.2000 with the direction to the authority concerned to decide the matter. Thereafter, contempt petition was also filed. Thereafter through order dated 27.3.2002 contained in Annexure-17 to the second writ petition, Principal held that as petitioner had not worked for the said period, hence he was not entitled for the salary of the said period. Order dated 27.3.2002 has been challenged through the second writ petition. 4. As petitioner has been permitted to join at G.G.I.C., Banda, hence first writ petition has become infructuous and is disposed of with the observation that transfer order dated 25.3.1992 transferring the petitioner from Banda to Mataunth shall not be given effect to. 5. Order dated 27.3.2002 has been challenged through the second writ petition. 4. As petitioner has been permitted to join at G.G.I.C., Banda, hence first writ petition has become infructuous and is disposed of with the observation that transfer order dated 25.3.1992 transferring the petitioner from Banda to Mataunth shall not be given effect to. 5. In the two orders passed by the Principal G.G.I.C., Banda on 18.3.1999 and 27.3.2002, Annexures-14 and 17 to the second writ petition, it has nowhere been mentioned that Principal was not served or was not aware about the stay order dated 13.4.1992 passed in the first writ petition. Accordingly, assertion of the petitioner that he served copy of the stay order upon the Principal appears to be correct. Absolutely, no reason has been given either in the aforesaid orders or in the counter affidavit for not permitting the petitioner to join after the stay order, at G.G.I.C., Banda. Counter affidavit has been filed by D.I.O.S. In paragraph 3-A of the counter affidavit, it has been stated that petitioner had submitted medical certificates and application for leave on 27.3.1992 and 3.4.1992 and thereafter he did not submit fitness certificate, however there is no denial of the fact that copy of the stay order dated 13.4.1992 was served or at least shown to the Principal. In the counter-affidavit, it has also been stated that from the applications dated 27.3.1992 and 3.4.1992 it was clear that petitioner was willing to join at Mataunth. Petitioner filed an application on 18.1.2006, copy of which has been annexed as Annexure CA-3 to the counter affidavit and mainly reliance has been placed upon the said application to assert that petitioner deliberately did not join at Mataunth. In the said application, it was mentioned that after transfer order, petitioner could not join at Mataunth due to his personal problems and thereafter he was permitted to join at G.G.I.C., Banda in pursuance of High Court stay order. It was prayed that salary should be fixed treating the said period to be in service. 6. From the above, two things are clear. It was prayed that salary should be fixed treating the said period to be in service. 6. From the above, two things are clear. Firstly that after passing of the stay order, the Principal, G.G.I.C., Banda did not permit the petitioner to resume his duties and secondly the petitioner after making some attempts to join immediately after stay order passed in the earlier writ petition, sat at home and did not make any further serious efforts for joining. The first serious step for joining and realization of salary, which the petitioner took, was by filing W.P. No. 39395 of 1998 in December, 1998. Petitioner also did not file any contempt petition for violation of stay order dated 13.4.1992. From Para-11 of the second writ petition, it is also clear that there was no vacant post of class-IV in G.G.I.C. until 31.1.1998 when vacancy occurred due to retirement of Smt. Ratiya. 7. Accordingly, in my opinion, petitioner is entitled to salary only from 1.2.1998. However petitioner is entitled for determination of his salary treating him to be in continuous service without break due to the developments, which occurred in between 25.3.1992 and 20.3.1999. Accordingly, second writ petition is allowed in part. It is directed that petitioner must be paid salary from 1.2.1998 till 20.3.1999. The said salary (arrears) shall be paid within four months from the date of production of a certified copy of this order before D.I.O.S. failing which 1% per month interest thereupon shall also be payable since after four months till actual payment. It is further directed that petitioner’s salary for the purposes of aforesaid arrears and for the purposes of payment of current salary should be determined treating the petitioner in continuous service. Further it is clarified that since 26.3.1992 till 31.1.1998 no salary shall actually be paid to the petitioner. ———