Sushil Kumar Srivastava vs U.P.Rajya Lok Sewa Adhikaran Thru ...
2023 Latest Caselaw 3089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


 

 
Court No. - 1
 

 
Case :- WRIT - A No. - 13207 of 2020
 

 
Petitioner :- Sushil Kumar Srivastava
 
Respondent :- U.P.Rajya Lok Sewa Adhikaran Thru Chairman Lucknow And Ors.
 
Counsel for Petitioner :- Paras Nath Singh
 
Counsel for Respondent :- C.S.C.
 

 

 
Hon'ble Ramesh Sinha, J.

Hon'ble Subhash Vidyarthi, J.

1. Heard Shri Paras Nath Singh, learned Counsel for the petitioner and Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for the State-respondents.

2. The instant writ petition has been filed by the petitioner challenging the judgment and order dated 23.04.2019 passed by the State Public Services Tribunal dismissing the Claim Petition No.2242 of 2018, which was filed by the petitioner challenging the order dated 29.10.1996 whereby he was dismissed from his service.

3. The Tribunal held that the dismissal order was passed on 29.10.1996 which was said to have been served upon the petitioner on 31.03.1997 and, therefore, the claim petition filed after 22 years since passing of the dismissal order was highly time barred and the same was dismissed as such.

4. Assailing the order passed by the Public Service Tribunal, learned Counsel for the petitioner has submitted that the order of dismissal was not served upon the petitioner. His submission is that his signatures in acknowledgment of receipt of the order were forged and he has received the order dated 29.10.1996 not before that.

5. The Tribunal has held that the petitioner was dismissed on 29.10.1996 and he claimed that he acquired knowledge of the dismissal on 28.08.2018. It is unbelievable that for 22 years, the petitioner was not aware about his dismissal. It is not his case that he continued to work and received salary.

6. We find ourselves in the agreement with the aforesaid view taken by the Tribunal. No person can believe that an employee who is dismissed from his service and consequently is stopped being paid salary, would not come to know that he was not in service for 22 years after passing of order of dismissal.

7. We find no illegality in the order passed by the Tribunal. The writ petition lacks merit and is, accordingly, dismissed.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 30.01.2023

Anand Sri./-