Allahabad High Court
Santosh Kumar And Others vs State Of U.P. Thru. Secy. ... on 29 August, 2023
Bench: Attau Rahman Masoodi, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2023:AHC-LKO:57699-DB
Court No. - 1
1. Case :- SPECIAL APPEAL DEFECTIVE No. - 619 of 2023
Appellant :- Santosh Kumar And Others
Respondent :- State Of U.P. Thru. Secy. Secondary Education Civil Secrt. Lko. And Others
Counsel for Appellant :- Som Kartik Shukla
Counsel for Respondent :- C.S.C.,Amarendra Kumar Bajpai
2. Case :- SPECIAL APPEAL No. - 420 of 2023
Appellant :- Principal , Sri Navin Prakash Masihlko. Christian Intermediate Collage Lko.
Respondent :- Sindhu Lata Devi And Others
Counsel for Appellant :- Zainuddin Mohammad Siddiqui
Counsel for Respondent :- Som Kartik Shukla,CSC
3. Case :- SPECIAL APPEAL No. - 422 of 2023
Appellant :- The Principal, Sri Navin Prakash Masih Lucknow Christian Intermediate College Lko.
Respondent :- Sindhulata Devi And Others
Counsel for Appellant :- Zainuddin Mohammad Siddiqui
Counsel for Respondent :- Som Kartik Shukla,C.S.C.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
C.M.A. No.1 of 2023 (Application for condonation of delay)
In Special Appeal Defective No.619 of 2023
1. Shri Zainuddin Mohammad Siddiqui, learned Counsel has filed his Vakalatnama on behalf of respondent no.4 in Special Appeal No.619 of 2023, which is taken on record.
2. Heard Shri Som Kartik Shukla, learned Counsel and Shri Zainuddin Mohammad Siddiqui, learned Counsel for the respective parties in the above mentioned intra-court appeals.
3. The Special Appeal Defective No.619 of 2023 is delayed by 7 days. The appeal is accompanied with an application for condonation of delay supported by an affidavit.
4. Shri Zainuddin Mohammad Siddiqui, learned Counsel for respondent no.4 does not have any objection if delay of 7 days in filing the special appeal is condoned.
5. Cause shown being sufficient and in absence of any objection, the application for condonation of delay is allowed and the appeal may be assigned the regular number.
Order on Appeals
6. The above captioned special appeals, involving common question of law and facts, were heard together and are disposed of by a common order.
7. Special Appeal Defective No.619 of 2023 and Special Appeal No.422 of 2023 have arisen out of a common judgment/order rendered by Writ Court in Writ- A No.29445 of 2018 decided on 12.07.2023. The Writ Court by means of the impugned order dated 12.07.2023 has allowed the writ petition and while setting aside the order of termination from service has reinstated the petitioners without the benefit of past wages.
8. Special Appeal Defective No.619 of 2023 filed by the employees is restricted to the relief of past wages whereas Special Appeal No.422 of 2023 filed by the Principal of the College has challenged the impugned order dated 12.07.2023 to the extent of setting aside the order of termination only.
9. Having heard learned Counsel for the parties, good sense has prevailed upon them and it is mutually agreed that if the employees waive off their claim for past wages then the consequence of reinstatement in service shall be acceded to and implemented by the College in favour of all the employees benefited by the impugned judgment except appellant no.4 - Shambhoo Nath Yadav. In view of this settlement, the Special Appeal Defective No.619 of 2023 and Special Appeal No.422 of 2023, filed by the Principal of the College both are disposed of in terms of the settlement. The College shall refrain from carrying the grudge of above proceedings against the employees who in turn shall maintain utmost discipline in the College and shall not indulge in any misbehavior.
10. Special Appeal Defective No.619 of 2023 as well as Special Appeal No.422 of 2023 are permitted to be withdrawn in so far as they relate to Shambhoo Nath Yadav. Both the parties are at liberty to institute the proceedings afresh.
11. Since we have granted permission to the Principal of the College as well as to the employee concerned the opportunity to institute fresh special appeal, the matter shall be dealt with appropriately in the separate proceedings filed, if any.
12. The Principal of the College, i.e. appellant in Special Appeal No.422 of 2023 undertakes to consider one of the legal heirs of Santosh Kumar who died while pendency of the writ petition and in whose place the legal heirs were substituted. The consideration shall be on compassionate grounds. This exercise shall also be carried out not later than a period of two months from the date a certified copy of this order alongwith the no-objection by all other legal heirs is filed. On such an appointment being made, the legal heirs shall have no right to claim back wages as agreed upon hereinabove.
13. Special Appeal No.420 of 2023 relates to a direction issued in favour of the petitioners permitting them to make a representation before the competent authority for release of past wages. Since the claim for back wages has already been foregone by the employees, therefore, the appeal except in so far as it relates to Shambhoo Nath Yadav, has become infructuous and the same is dismissed. The special appeal on behalf of Shambhoo Nath Yadav is permitted to be withdrawn who may file the same afresh, if so chosen.
14. In case the special appeal as against the intra-court order dated 12.07.2023 is filed by the Principal of the College or Shambhoo Nath Yadav, the same shall not be rejected on the ground of limitation provided it is filed within 15 days from today. The undertaking recorded above for reinstatement shall also be implemented within two weeks from the date of filing of a certified copy of this order.
(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)
Order Date :- 29.08.2023
Anand Sri./-
