Allahabad High Court
Sushil Kumar Sharma vs State Of U.P. And 7 Others on 13 September, 2022
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 2513 of 2020
Petitioner :- Sushil Kumar Sharma
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Ranjit Saxena,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Ved Prakash Shukla, learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned Standing Counsel for the State-respondents.
By means of this petition, the petitioner has prayed following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to be regularised the petitioner as head assistant with effect from 2003 onwards and to pay the difference of salary of the post of Head Assistant with current salary and also to grant various pay scales and A.C.P. and to grant seniority with effect from 26.12.2017 and to grant revise pay scales and A.C.P. to the petitioner and to count the entire period upto 31.10.2021 as continuous period of service and to deposit the G.P.F. and G.I.S. from March, 2017 onwards."
Learned counsel for the petitioner has submitted that the issue of the present petitioner reached upto the Hon'ble Apex Court inasmuch Labour court awarded the claim in favour of the petitioner on 26.11.1994 and it has been published on 18.02.1995. Thereafter, the writ court has passed order in favour of the petitioner on 18.07.2008 in Writ Petition No.32285 of 1995 filed by the State of U.P. All the aforesaid orders have been considered by the Hon'ble Apex Court when the State of U.P. filed special appeal before the Hon'ble Supreme Court bearing Civil Appeal No.721 of 2012; State of U.P. & Anr. Vs. Sushil Kumar Sharma and the same was dismissed vide judgement and order dated 25.02.2016, which is contained as Annexure No.S.A.-1 with the supplementary affidavit. For the convenience, operative portion of the judgement and order dated 25.02.2016 passed by the Hon'ble Supreme Court in Civil Appeal No.721 of 2012 is being reproduced herein below:-
"5. In our considered view, the appellants are not entitled for relief of quashing the Award of the Labour Court or setting aside the judgment and order of the High Court as the same are based on the proper valuation of the evidence on record. Therefore, we do not have any reason to interfere in the impugned judgment of the High Court and the Award of the Labour Court. For the aforesaid reasons, the appeal must fail and accordingly dismissed.
6. The Award is of the year 1995, and 21 years have lapsed since. The respondent was reinstated in the year 1996. The pay scale and the other consequential benefits must be paid to him for the post in question within eight weeks and further the front wages from the date of Award till the date of reinstatement shall also be computed and paid within eight weeks. The appeal is dismissed. "
While dismissing the civil appeal filed by the State of U.P., the Hon'ble Apex Court was pleased to direct the State Authority to make payment of all consequential benefits to the petitioner within a period of eight weeks, accordingly the appeal filed by the State was dismissed.
Attention has been drawn towards Annexure No.2 of the supplementary affidavit filed on 15.11.2021, which is a letter dated 07.08.2021 issued from the office of Superintending Engineer, Irrigation Works Division, Lalitpur enclosing therewith the report of the Executive Engineer, Irrigation Constructions Division-II, Jhansi wherein it has been indicated that other admissible benefits shall be paid to the petitioner but since the writ petition is pending before this Court, which the present petition, therefore, the order relating to the regularization/ confirmation would be passed after disposal of that (present) writ petition.
Since the issue of the present petitioner has been settled upto the level of Hon'ble Apex Court and the Hon'ble Apex Court has upheld all the dues of the petitioner with the direction to make the payment of all consequential service benefits, therefore, the petitioner is legally entitled for all consequential service benefits including regularization etc. in terms of the judgement and order dated 25.02.2016 passed by the Hon'ble Apex Court.
It is also directed that regularization of the petitioner shall be considered strictly in accordance with law, from the date when he was legally entitled for regularization. Consequential retiral benefits of the petitioner shall be paid counting his entire services strictly in accordance with law. Compliance of this order shall be made within a period of eight weeks from the date of production of certified copy of this order before the authority concerned.
Accordingly, the writ petition is allowed.
No order as to costs.
[Rajesh Singh Chauhan,J.]
Order Date :- 13.9.2022
RBS/-
