SPA/821/2019
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Uttarakhand High Court

SPA/821/2019 on 5 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                                         2025:UHC:3446-DB
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                                         COURT'S OR JUDGE'S ORDERS
No.          or directions and
             Registrar's order
             with Signatures


                                 SPA No. 821 of 2019
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Judgment:(per Hon'ble Manoj Kumar Tiwari, J.)

Mr. Sahil Mullick, learned counsel for the appellant.

2. Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand through video conferencing.

3. This intra-Court Appeal is directed against judgment and order dated 22.06.2018, passed by learned Single Judge in Writ Petition (S/S) No. 651 of 2008. By the said judgment, Writ Petition filed by the writ petitioner (appellant herein), challenging the orders dated 03.06.1995 and 28.06.1995, was allowed, and the Authorities were directed to pay full salary to the petitioner for the period of suspension and dismissal, after adjusting the amount already paid to him.

4. The operative portion of the impugned judgment is extracted below :

"8. From the perusal of the judgments passed by the Tribunal in the case of K.G. Dwivedi and Adya Prasad Mishra, it is evidently clear that in the case of Adya Prasad Mishra, there was direction by the Tribunal to pay full salary to the petitioner for the suspension period whereas in the case of K.G. Dwivedi, there was no such direction by the Tribunal, however, Shri K.G. Dwivedi was also paid full arrears of salary for the period of his suspension and dismissal.

9. In the counter affidavit, respondents have not denied the fact that they have not given arrears of salary to K.G. Dwivedi for the suspension and dismissal period, therefore, the action of the respondents in denying the same benefits to the petitioner, is illegal and arbitrary. Considering the principle of parity, petitioner is also entitled to get full salary.

10. Accordingly, writ petition is allowed. Impugned orders are quashed. Respondents are directed to pay full salary to the petitioner for the period of suspension and dismissal, after adjusting the amount already paid to him. That apart, respondents are directed to pay costs of Rs. 10,000/- to the petitioner for compelling him in an unwarranted litigation."

5. From a perusal of the impugned judgment, it is apparent that the order of punishment, as well as the order of dismissal from service, passed against the writ petitioner, were set aside by learned Single Judge. Learned Single Judge also directed to pay full salary to the writ petitioner for the period he remained under suspension, and, thereafter, he remained out of employment on account of punishment of dismissal imposed 2025:UHC:3446-DB upon him.

6. The order, whereby, writ petitioner was dismissed from service, was set aside by learned Single Judge, therefore, the direction was issued to pay him arrears of salary also. Since, the arrears of salary was contingent upon decision in the Writ Petition, and in the absence of a favourable decision in the Writ Petition, petitioner would not have been entitled to salary for the period he remained out of employment, post dismissal. Thus, it cannot be said that there was delay in payment of arrears of salary. Interest would be payable only when there is deliberate delay in payment of amount due to an employee. Since, this is not the case here, therefore, writ petitioner's claim for interest, as staked by him, in this Appeal, is not sustainable. Therefore, there is no scope for interference.

7. In such view of the matter, the Special Appeal fails and is, hereby, dismissed.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 05.05.2025 Shiksha

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5 DD9, cn=SHIKSHA BINJOLA Date: 2025.05.06 10:24:29 +05'30'