Ram Nagina Ram vs State Of U.P. Through Prin. Secy. ...
2014 Latest Caselaw 680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 2110 of 2014
 

 
Petitioner :- Ram Nagina Ram
 
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Revenue Lko. & O
 
Counsel for Petitioner :- Akhter Abbas,Shyam Lal Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Submission of leaned counsel for petitioner is that the petitioner was initially appointed vide order dated 23.01.1982 on Class IV post and his services were terminated vide order dated 20.03.1984 by the Collector, Mirzapur on account of unauthorized absence. The petitioner filed a Claim Petition before U.P. Public Service Tribunal, which was allowed vide judgment and order dated 16.08.1991 and the order of termination dated 20.03.1984 was quashed with further direction that petitioner will be deemed to be in continuous service with all consequential benefits of pay and allowances etc.

The opposite parties challenged the said order passed by the U.P State Public Services Tribunal dated 16.08.1991 by means of the Writ Petition No. 1168(SS) of 1992 (State of U.P. and others vs. Ram Nagina Ram and another)  and the said writ petition was partly allowed vide order dated 18.11.2009, modifying the order passed by the Tribunal, thereby giving liberty to the State to proceed afresh against the petitioner, in accordance with law, and to reinstate the petitioner in service but the issue of back-wages was made subject to the outcome of the proceedings.

Further submission of learned counsel for petitioner is that in pursuance to the judgment and order passed by this Court dated 18.11.2009, the petitioner was reinstated in service vide order dated 10.12.2009 and the petitioner has also been paid salary of absence period by granting him leave for the said period but the rest of the consequential benefits of pay and allowances etc. including the promotional benefits, admissible to petitioner, have not been provided, therefore, the petitioner is constrained to approach this Court, by means of the instant writ petition.

Learned standing counsel prays for and is granted a week's time to seek instructions in the matter.

List this case on 18.04.2014.

Order Date :- 7.4.2014

Vijay