Allahabad High Court
Girja Shanker Pandey vs State Of U.P. Thru. Prin. Secy. ... on 30 July, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- SERVICE SINGLE No. - 16240 of 2021
Petitioner :- Girja Shanker Pandey
Respondent :- State Of U.P. Thru. Prin. Secy. Social Welfare,Lko.& Ors.
Counsel for Petitioner :- Jagdish Chandra Srivastav
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
1. Heard learned counsel for the petitioner and learned ACSC for respondent - State.
2. The petitioner is holding the post of Senior Assistant in the respondent - department. In pursuance to a disciplinary proceeding, he was placed under suspension vide order dated 20.06.2019. A writ petition No.24968 (S/S) of 2019 was filed before this Court which was finally disposed of vide order dated 13.09.2019 with a direction to issue a charge sheet to the petitioner and to conclude the disciplinary proceeding within a period of four weeks. Operative portion of the order is being quoted below:
"Accordingly, present petition is disposed of with a direction to the respondents to issue a charge sheet to the petitioner within two weeks from today. On receipt of the charge sheet, the petitioner shall submit his reply within next two weeks. After submission of the reply, the respondents shall finalize the disciplinary proceedings against the petitioner and the disciplinary authority shall proceed to pass a final order within a further period of four weeks.
Needless to mention that the petitioner shall cooperate with the inquiry proceedings and in case he does not cooperate in the proceedings, his non-cooperation would be pointed out by the Inquiry Officer in writing."
3. By means of present writ petition, the petitioner has prayed for issuance of direction to the respondents to reinstate him in service and ensure payment of salary and post retiral dues on the ground that the order of this court has not been complied with. Neither inquiry was concluded nor the final report was passed in compliance of judgment and in the mean time, the petitioner retired from service on 30.09.2019.
4. The petitioner claims that due to non conclusion of disciplinary proceeding initiated against him, he is entitled for difference of salary for the period he was remained under suspension and was paid subsistence allowance as well as post retiral dues within a reasonable period. In regard to grievances, he approached to the respondents ventilating his grievances but no action whatsoever has been taken in regard to payment of difference of salary as well as post retiral dues and the matter is lying pending consideration.
5. Learned counsel for the petitioner submitted that in case direction is issued to respondents to consider the claim of the petitioner and to pass appropriate order to release the salary as well as post retiral dues, ends of justice would be met.
6. On the other hand, learned ACSC submitted that in case no decision is taken on the disciplinary proceeding in pursuance to an order passed by this Court and in the mean time the petitioner retired, no justification appears on the part of the respondents in withholding the salary and other post retiral dues of the petitioner.
7. His next submission is that in case the matter is lying pending consideration, the same shall be considered and appropriate order shall be passed within a reasonable period.
8. Accordingly, this writ petition is finally disposed of with a liberty to petitioner to file a fresh representation ventilating all his grievances before respondent No.2 within ten days from today. In case such a claim is setup by the petitioner before respondent No.2, he will consider the same and pass appropriate reasoned and speaking order to release salary and other post retiral dues of the petitioner within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 30.7.2021
Adarsh K Singh
