Allahabad High Court
Dash Ram Singh vs State Of U.P. Through Prin. Secy. ... on 24 November, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- WRIT - A No. - 6082 of 2015
Petitioner :- Dash Ram Singh
Respondent :- State Of U.P. Through Prin. Secy. Home Deptt. Lko. And Ors.
Counsel for Petitioner :- Dinesh Chandra Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed by the petitioner praying for the following reliefs :-
To issue :-
"(i) A writ, order or direction in the nature of Certiorari to quash the part of the impugned order dated 08/8/2014 passed by opp. party no. 3 as contained in Annexure no. 1 to this Writ Petition to the extent of denying the back wages/arrears of salary for the Suspension Period from 29/5/1973 to 30/6/2006.
(ii) A writ, order or direction in the nature of Mandamus thereby commanding the opp. party no. 3 to make payment of back wages/arrears of salary of the petitioner for the Suspension Period from 29/5/1973 to 30/6/2006."
3. Learned counsel for the petitioner has submitted that the petitioner was appointed on the post of Constable on 29/9/1965 and a criminal case of PAC revolt was lodged against him. On the basis of said criminal proceedings, the petitioner was suspended on 29/05/1973. Later on the trial was concluded and the petitioner was honourably acquitted by the learned court vide judgment and order dated 11/12/2001, against which no appeal has been preferred by the State Government.
4. It is submitted that soon after the petitioner was not reinstated in service, he filed Writ Petition No. 1360 (S/S) of 2012 before this court and this court vide judgment and order dated 10-01-2012 passed in the said writ petition, quashed the order of suspension of the petitioner dated 25/05/1973 and further directed to consider the case of the petitioner and decide the same. The petitioner served a copy the order dated 10-01-2012 on the respondents, on which the order impugned herein has been passed by which though he was reinstated in service treating him to be continuous in service, but, his back wages/arrears of salary has been denied on the ground of principle of "No Work No Pay".
5. Learned counsel for the petitioner has firmly submitted that no departmental proceedings have ever been initiated against the petitioner and he remained to be continuance in service, therefore, the principle of "No Work. No Pay" shall not be applicable in the case of the petitioner and once the suspension order of the petitioner is quashed and the respondents have treated him to be in service in the impugned order itself, therefore, the petitioner is entitled for complete back wages/remaining salary.
6. It is also submitted that under the similar set of facts in the matter of Ujiyare Lal Vs State of U.P. and Others, Writ Petition No. 1716 (S/S) of 2014, this court vide judgment and order dated 03-04-2018 has issued positive direction for payment of entire difference of salary from the date of suspension to the date of re-instatement in service.
7. Lastly, it has been submitted by the learned counsel for the petitioner that this writ petition may also be allowed in terms of judgment and order dated 03-04-2018 passed in Writ Petition No. 1716 (S/S) of 2014.
8. Learned Standing Counsel has vehemently opposed the submissions of learned counsel for the petitioner, but, he could not dispute either the facts as argued by the petitioner on the judgment relied upon by him.
9. I have considered the submissions of learned counsel for the parties and perused the material available on record as well as the judgment relied upon by the learned counsel for the petitioner as stated above.
10. The facts of this case are undisputed and once the petitioner was only suspended and his services remained unterminated, he would be treated to be in service and principle of "No Work, No Pay" shall not be applicable in such case. This court has also taken the same view in the case of Ujiyare Lal Vs. State of U.P. & Others, Writ Petition No. 1716(S/S) of 2014 decided on 03-04-2018. The relevant portion of the judgment and order dated 03-04-2018 is quoted below :-
"The petitioner was suspended on the ground that a criminal case has been lodged against him, wherein he has been acquitted by the competent court of law. The respondent has filed to consider that against the petitioner no disciplinary proceedings was whatsoever initiated due to lodging of the first information report against him. He was suspended only on the ground of pendency of the criminal case. The petitioner has not absented from duties for his own will. He was restrained by the respondent from discharging the duties in full strength. Due to non-consideration of this aspect of the matter the order dated 03.05.2013 passed by the respondent is not sustainable in law and is hereby set aside.
In view of the above, the order passed by the respondent is not sustainable in law. The order is hereby set aside.
The writ petition succeeds and is allowed.
The respondents are directed to pay the entire difference of salary to the petitioner w.e.f. 28.05.1973 to 28.02.2001 within a period of three months from the date of production of a certified copy of this order before him. "
11. In view of the aforesaid facts and circumstances of the case, this writ petition is partly allowed. The impugned order dated 08-08-2012 in so far as it denies payment of back wages/remaining salary to the petitioner is quashed.
12. The respondents are directed to pay the entire difference of salary/back wages w.e.f. 29-05-1973 t0 30-06-2006 within a period of three months from the date of production of a certified copy of this order before the respondents.
Order Date :- 24.11.2022
AKS
