Allahabad High Court
Shrish Nandan Shukla vs State Of U.P. And 3 Others on 19 July, 2021
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - A No. - 4408 of 2021
Petitioner :- Shrish Nandan Shukla
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shivendu Ojha
Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the petitioner, Sri Ashok Mehta, learned Senior Advocate for the official liquidator assisted by Sri Ashish Agarwal, learned counsel for the respondents and learned Standing Counsel for the State.
2. Present petition has been filed for the following relief:
"(a) A writ order or direction in the nature of Mandamus commanding the Respondent-Authorities to consider case of the Petitioner and extend the benefits also to the Petitioner in the light of the Judgment and order dated 9.9.2015 passed by the Hon'ble Apex Court in Civil Appeal No.9165-9172 of 2010 along with other connected Civil Appeals.
(b) A writ order or direction in the nature of Mandamus commanding the Respondent-Authorities to release the salary/back wages/retiral benefits with all consequential benefit to the Petitioner as directed by the Hon'ble Apex Court."
3. Undisputedly, the U.P. State Cement Corporation Ltd. (liquidation) was wound up under orders of the Company Court with effect from 08.12.1999. As regards the dues claimed by the petitioner, undisputedly the service dues of the petitioner up to the date 08.12.1999 have been discharged by the Official Liquidator. As to the further claims made by the petitioner beyond the date of winding up, the Supreme Court vide judgment dated 09.09.2015 in Civil Appeal No.9165-9172 of 2009 (Sunil Kumar Verma & Other Vs State of U.P. & Others) had held as under:
"23. In view of the aforesaid analysis, we find no reason that the Appellants herein should not reap the benefits of absorption and, accordingly, it is directed that they shall be absorbed by the State Government as per their seniority and be given the benefit of increments, within eight weeks hence. Needless to say, they will be entitled to their seniority as per the prevalent rules. If anyone has been retired from service, he shall get the retiral benefits inclusive of pension.
24. At this juncture, the question arises as to what amount should be paid towards back wages. In this context, our attention has been invited to the order passed by this court in contempt proceeding. However, after some debate, learned counsel for the Appellants left it to the discretion of this Court. Ms. Reena Singh, learned Additional Advocate General for the State vehemently opposed with regard to grant of any back wages. Having heard learned counsel for the parties on this score and regard being had to the facts and circumstances of the case, we think that the cause of justice would be best sub-served if each of the Appellant is paid 40% of the back wages, and it is so directed. It shall be computed as per our directions issued hereinbefore within a period of twelve weeks hence and be paid to the Appellants.
25. The aforesaid appeals which relate to U.P. State Cement Corporation Limited are allowed accordingly. There shall be no order as to costs."
4. In view of the aforesaid, the dues being claimed by the petitioner are to be addressed by the State Government and not the Official Liquidator.
5. Further, it appears that the State Government has yet not taken any decision in the matter. Accordingly, the writ petition is disposed of with a direction that in case the petitioner files a fresh representation before the respondent no.3, within a period of two weeks from today, along with a copy of this order, clearly specifying the claim made and the basis for the same, the said respondent shall pass appropriate orders on that representation within three months giving reasons for its decision. If required, it may remain open to the respondent no.3 to afford opportunity of personal hearing to the petitioner.
6. Any amount found due and payable to the petitioner may be paid within the same time.
Order Date :- 19.7.2021
S.Chaurasia
