State Of U. P. And 2 Others vs Amar Singh And Another
2022 Latest Caselaw 3752 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 7761 of 2022
 

 
Petitioner :- State Of U. P. And 2 Others
 
Respondent :- Amar Singh And Another
 
Counsel for Petitioner :- Amit Kumar Singh
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioners.

By means of this writ petition, the State has come up against the judgement and order passed by the State Public Services Tribunal, Lucknow in claim petition no. 1271 of 2018 on 25.6.2021, whereby, 50% of past salary from the date of dismissal up to the date of his superannuation has been allowed by the tribunal in favour of the respondent no. 1.

We have carefully gone through the order impugned herein this writ petition.

It may be noted that the order of dismissal from service was previously set aside by this Court in writ petition no. 318(S/B) of 2010 vide judgment and order dated 17.4.2017. The order passed by this Court gave rise to the contempt proceedings wherein a further order was passed on 13.4.2018 whereby the past salary payable to the petitioner from the date of dismissal up to the date of his superannuation was denied, however the pensionery benefits were released.

The tribunal placing reliance upon the judgment passed in the case of Waseeq Ahmad versus State of U.P. and others reported in 2013(31) LCD 2390 has allowed the claim of arrears of salary to the extent of half i.e. 50%. The State has not assailed the previous judgement/order dated 17.4.2017, as such, no case for interference is made out.

The writ petition bereft of any merit is accordingly dismissed.

Order Date :- 23.5.2022

kanhaiya