Prahlad Lal Srivastava vs State Of U.P. & Others
2011 Latest Caselaw 1300 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- SERVICE BENCH No. - 1785 of 1997
 

 
Petitioner :- Prahlad Lal Srivastava
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- P N Bajpai
 
Respondent Counsel :- C S C
 

 
Hon'ble Devi Prasad Singh,J.

Hon'ble S.C. Chaurasia,J.

Heard learned counsel for the parties and perused the record.

The order of termination dated 17.2.1993 was set aside by the impugned order dated 26.3.1996.  However, back wages was not provided. 

While assailing the impugned order, it has been submitted by the petitioner's counsel that the petitioner is entitled for back wages as well as all service benefit.

Learned Standing Counsel submitted that the petitioner is not entitled for back wages on the principle of no work and no pay.   Learned Standing Counsel has no objection with regard to petitioner's continuity in service and other service benefits. It has also been submitted that the petitioner has been reinstated in terms of tribunal's order. 

So far as the back wages are concerned, we are of the view that the petitioner is not entitled for payment of back wages. However, so far as other benefits are concerned, the petitioner has got right to claim the same.

Since the order of punishment has been set aside by the tribunal, the order of tribunal has attained finality to the extent the respondents are concerned.

In view of above, we dispose of the writ petition with the direction to the respondents to provide all consequential benefits treating the petitioner's continuity in service except the back wages.

Subject to above, the writ petition is finally disposed of.

Order Date :- 22.4.2011

Rizvi