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Issues involved: Appeal against orders passed by High Court for rejection of writ petition and restoration application due to non-prosecution and unsatisfactory reasons in affidavit.
Judgment Summary: The appeal before the Supreme Court was against the orders passed by the High Court rejecting the writ petition for non-prosecution and declining the relief sought in the Restoration Application due to unsatisfactory reasons in the affidavit. The appellant, a Principal at "Paramhans Sanskrit Pathshala," was seeking payment of salary and allowances dating back to 1988. Despite efforts to resolve the issue with the Management, the appellant resorted to legal action, requesting a writ of mandamus to release the arrears and continue regular payments. The High Court dismissed the writ petition for non-prosecution when the appellant's lawyers were absent, leading to the filing of a Restoration Application explaining the circumstances. The court found the explanation unsatisfactory and rejected the Restoration Application, prompting the appeal to the Supreme Court. The Supreme Court criticized the High Court's hyper-technical approach, emphasizing that the appellant had engaged competent counsels, one of whom was unable to attend due to illness, and the other had been elevated to the bench. The Court noted that the factual assertions were undisputed, and the High Court should have considered the Restoration Application and heard the case on its merits, especially considering its long pendency. The Supreme Court highlighted the importance of ensuring cases are decided on their merits rather than technicalities, urging courts to prioritize justice over procedural matters. Consequently, the Supreme Court set aside the High Court's orders, directing the restoration of the writ petition for consideration on its merits. The High Court was instructed to expedite the proceedings and decide the matter within six months from the date of the Supreme Court's order, after notifying all parties involved. The appeals were disposed of with no costs awarded.
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