Ashutosh Prasad Dixit vs State of U.P. and Others

Devendra Kumar Arora, J.—By means of the present writ petition, the petitioner is seeking a writ in the nature of mandamus commanding and directing the opposite parties to pay arrears of salary to the petitioner from 24.7.1999 to 21.10.2008 along with interest of 12% per annum.

The submission of the learned Counsel for the petitioner is that the petitioner was initially appointed on the post of Amin in the Public Works Department on 1.9.1984 and thereafter services were transferred to Work Charged Establishment on 1.5.1988. Further submission of the learned Counsel for the petitioner is that the petitioner''s forged signature was taken on his resignation letter made by opposite party No. 3 in the month of October, 1994 and the same was accepted by means of order dated 20th February, 1995. The petitioner challenged the order dated 20th February, 1995 before the learned State Public Services Tribunal, Lucknow by filing Claim Petition No. 2176 of 1995 and the same was allowed by means of order dated 17.7.1999 and the order dated 20th February, 1995 was quashed. The petitioner approached the authorities along with the copy of the judgment and order dated 17.7.1999 for his joining on 24.7.1999. The opposite parties preferred writ petition No. 21 of 2000 State of U.P. and Ors. v. Ashutosh Prasad Dixit and Anr. and the same was dismissed by this Court vide Judgment and order dated 14.12.2006. After the dismissal of the writ petition, the petitioner was given joining on 22.10.2008. Though the petitioner was given joining, but his arrears of salary from 24.7.1999 to 21.10.2008 has not been given. The petitioner approached time and again to the authorities for payment of arrears of salary, but no action has been taken.

It is also submitted by the learned Counsel for the petitioner that after dismissal of the writ petition, the opposite parties filed application for interim relief along with Review Petition and the said application was rejected by this Court by order dated 12.9.2008.

This Court by means of order dated 12.10.2010 directed the learned Standing Counsel to seek instructions in the matter. Learned Standing Counsel has failed to get the instructions in the matter.

I have considered the arguments of the learned Counsel for the parties and gone through the record.

It is admitted position that the order dated 20th February, 1995 was set aside by learned State Public Services Tribunal, Lucknow vide Judgment and order dated 17.7.1999 passed in Claim Petition No. 2176 of 1995 and thereafter the writ petition No. 21 (S/B) of 2000 of the State Government was dismissed by this Court vide judgment and order dated 14.12.2006 and ultimately the opposite parties allowed the petitioner to resume his duties vide order dated 22.10.2008. Now there is no question for the opposite parties to withhold the arrears of salary of the petitioner from 24.7.1999 to 21.10.2008.

In view of the above, the opposite parties are directed to ensure the payment of arrears of salary of the petitioner from 24.7.1999 to 21.10.2008 within a period of six weeks from the date of production of a certified copy of this order or to show cause.

List this case in the first week of January, 2011.