Sanjay Singh vs State Of U.P. Thru.Prin.Secy. ...
2018 Latest Caselaw 3244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 30154 of 2018
 
Petitioner :- Sanjay Singh
 
Respondent :- State Of U.P. Thru.Prin.Secy. Home & Ors.
 
Counsel for Petitioner :- Amit Bose
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Amit Bose, learned counsel for the petitioner and the learned Additional Chief Standing Counsel, who has put in appearance for the State-respondents.

By means of this writ petition, the petitioner has assailed the order dated 17.07.2017 passed by the Commandant, 30th Battalion P.A.C., Gonda, in so far as it denies the petitioner to pay arrears and allowances for the period from 14.05.2011 to 28.04.2017, the period in which the petitioner was out of employment as a result of order of dismissal from service dated 14.05.20111 passed by the Commandant, 30th Battalion P.A.C., Gonda. The petitioner has also prayed that he be paid the arrears of pay and allowances payable to him for the period from 14.05.2011, the date of the order of dismissal from service passed against the petitioner till 29.04.2017, as a result of the judgment and order passed by this Court.

It has been submitted by learned counsel for the petitioner that the judgment and order dated 10.11.2016 passed by this Court in Writ Petition No.1982 (S/S) of 2013 has not been assailed and, therefore, the aforesaid order has attained its finality.

As per learned counsel for the petitioner, in view of the aforesaid facts and circumstances, the petitioner is legally entitled for the arrears of salary and other consequential benefits for the period of his dismissal i.e.14.05.2011 to 28.04.2017.

The matter requires consideration.

Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within ten days' thereafter.

List this petition in the week commencing 12.11.2018 as fresh. If no counter affidavit is filed by the next date of listing, the application for interim relief of the petitioner may be considered on the next date of listing.

Order Date :- 12.10.2018/Suresh/

[Rajesh Singh Chauhan,J.]