SAW 1143/2009 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Special Appeal [Writ] No.1143/2009 State & Anr. Versus Kailash Chand Meena DATE OF ORDER : 10/11/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. S.N. Kumawat, AAG, for the appellant Mr. S.R. Surana, for the respondent *** Though, the appeal has been listed from the defect side and is barred by limitation. We have examined the matter on merits so far as the judgment of the learned Single Judge dated 15/07/2009 is concerned. The writ petition was filed by the respondent complaining that the respondents who are the petitioners have not been paid their salary being employee of the Municipal Board, Todabheem since September, 2008. The learned Single Judge while deciding the writ petition passed the following direction: “i) salary from the first of the next month and thereafter in each separate month shall be paid on regular basis. ii) that with salary of each of the coming months, outstanding salary of past two months shall be paid, till all the arrears are paid.” The learned Additional Advocate General on query made by the Court submitted that the appellants have already complied with the SAW 1143/2009 [2] aforesaid direction. Though, this is disputed by the learned Counsel appearing for the respondent. In the light of the above, we are of the opinion that no useful purpose would be served by admitting this appeal on the sole question that the appellants were not given allegedly a full opportunity to raise their defence before the learned Single Judge. Taking into consideration the submission of the learned Additional Advocate General that the appellants have complied with the direction, we find that this special appeal has become infructuous and the same is, accordingly, dismissed as having become infructuous. The stay application and the application filed under Section 5 of the Limitation Act along with the appeal stands disposed of. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA1143SAW2009 10-11.doc