JUDGMENT By the Court.—The present special appeal has been filed against the judgment and order dated 10th March, 2010 passed by the learned Single Judge whereby the writ petition preferred by the respondent No. 1 has been disposed of with the following directions: “In view of the aforesaid facts and circumstances, this writ petition is being disposed of finally directing the respondent No. 3 to take a decision regarding grant of revised pay-scale in pursuance of 6th Pay Commission Report to the petitioner on the basis of direction issued by respondent No. 2 dated 18.01.2010 within a period of six weeks from the date of production of certified copy of the order.” 2. We have heard Sri J.J. Munir assisted by Sri J.A. Azmi, learned counsel appearing for appellant, Sri R.M. Saggi, who represents respondent No. 1, Sri Siddharth Verma, who represents respondent No. 6 and the learned Standing Counsel, who represents respondent Nos. 2, 3, 4 and 5 and have perused the judgment and order dated 10th March, 2010 as also the documents filed alongwith the memo of appeal. 3. Sri Munir, learned counsel for the appellant, submitted that the respondent No. 1 is getting salary under the interim order passed by the Lucknow Bench of this Court in Writ Petition No. 2165 (S/S) of 2005, therefore, till such time her claim for entitlement of salary is not adjudicated she is not entitled for the benefit of revised pay-scale. He further submitted that her claim for arrears of salary pursuant to revision of pay-scale by the 6th Pay Commission has also been stayed by this Court in Writ Petition No. 21837 of 2009. He further submitted that the very entitlement of the respondent No. 1’s claim is in jeopardy and is in dispute, therefore, a direction issued by this Court to decide the petitioner’s representation on the basis of the direction issued by the respondent No. 2, namely, Director, Minority Welfare Department, Lucknow, would run contrary to various orders passed by this Court. 4. Sri R.M. Saggi, learned counsel submitted that in compliance of the order dated 24.4.2009 the appellant had filed a Contempt Application (Civil) No. 801 of 2009, which has been dismissed vide judgment and order dated 19th February, 2010 and further the present appellant has resigned in the year 2003. 5. The question of appointment is under consideration by the authorities. Sri R.M. Saggi, learned counsel submitted that in compliance of the order dated 24.4.2009 the appellant had filed a Contempt Application (Civil) No. 801 of 2009, which has been dismissed vide judgment and order dated 19th February, 2010 and further the present appellant has resigned in the year 2003. 5. The question of appointment is under consideration by the authorities. We, therefore, in the interest of justice modify the order dated 10th March, 2010 passed by the learned Single Judge whereby the District Minority Welfare Officer, Azamgarh was directed to take a decision regarding grant of revised pay-scale on the basis of the direction issued by the Director, Minority Welfare Department and instead the District Minority Welfare Officer, Azamgarh shall take a decision in accordance with law. We also provide that the appellant shall have an opportunity to file her objections and that would also be considered by the District Minority Welfare Officer before taking a decision. 6. The appeal stands disposed of with the aforesaid modification. We may make it clear that we have not adjudicated the claim of the rival parties on merits. ————