Chandra Bhan Singh vs State of U.P.& Anr.

R.K. Singh, J.—Chandra Bhan Singh was Assistant Wasil Waqi Navis in Deoria since 111976. The petitioner''s services were terminated on 2561978. The petitioner challenged the termination order through claim petition No. 1224/1/78 before the U.P. Public Service Tribunal, Lucknow. The petitioner''s claim was allowed by Public Service Tribunal by its order dated 2551982 setting aside the termination order dated 2561978 and further directing that the petitioner shall be deemed in continuous service throughout with all the benefits and privileges of continuity of service. The said order of the Tribunal dated 2551982 has been annexed as Annexure No. 1 to the writ petition. The respondents in spite of tribunal''s directions above said did not permit the petitioner to join his duties nor the arrears of his salary etc. were paid to him. After several requests the petitioner was paid Rs. 14, 346.36. For the balance of Rs. 6, 816.15 the petitioner filed execution case before the District Judge, Deoria on 3071983. The execution case of the petitioner was allowed on 1291985. Therefore, the balance amount of salary amounting to Rs. 6, 816.15 was paid to the petitioner. After several representations to the respondent No. 2, the petitioner was not allowed to join his duties, till 4111986. The petitioner joined his duties on 4111986 but the respondents did not pay the salary due between 18111982 to 11111986 i.e. the date of joining by the petitioner in compliance of the order dated 2551982 of the U.P. Public Service Tribunal and the date of his actual joining in the service. The petitioner prayed for payment of arrears of salary for the said period as well as for his confirmation and his promotion and he repeated his requests through several letters but the respondents did not pay any heed towards the representations of the petitioner. In the circumstances the petitioner has filed this writ petition before this Court for the following reliefs:

"(a) a mandamus may issued directing respondent No. 2 to pay the petitioner his salary from 181182 to 41186 with interest 12.1/2% from 181182 till the actual payment is made together with damages.

(b) may issue mandamus directing the opposite party No. 2 to confirm the petitioner in his post and promote him from the date when his juniors were confirmed and promoted and accord him all the benefit of service including continuity and to give effect to the Judgment of Tribunal dated 25582 in totality.

(c) may issue any other writ, or direction as the Hon''ble Court may deem fit and proper in the circumstances of the case.

(d) award the cost of this writ petition to the petitioner as against respondents."

In the counteraffidavit the respondent has taken stand in para 7 that the petitioner was declared confirmed vide circular dated 2231991 and the pay of petitioner as selection grade has also been fixed by Collector, Deoria by order dated 2361991 and consequently petitioner has drawing his salary in selection grade. The relevant order has been annexed as CA2 and CA3 to the counteraffidavit, on the point of direction of petitioner''s promotion on higher post. The defendant has stated in para 8 that the relevant records from Collector are not available but an application of the petitioner dated 2951991 has been made available and it disclose that the promotion of the petitioner has been decided by Collector, Deoria. Since the petitioner has now been an employee in the newly created district Padrauna which has been carved out of original district of Deoria a seniority list of Collectorate employees has been finalised on 26121995 and as per this seniority list no junior to the petitioner has been considered for promotion.

As per the facts stated in the counteraffidavit sworn by District Magistrate, Padrauna it discloses that the petitioner has got his due seniority and the petitioner''s case of promotion has attracted the authority''s attention so no direction is needed on prayer No. 2 of the petitioner. So far the payment of arrears of petitioner''s salary are concerned for payment of salary of four years from 18111982 to 4111986 the counteraffidavit does not disclose any fact. After going through the material on record including order of U.P. Public Service Tribunal which has become final, the petitioner''s prayer for arrears of salary is found fit to be allowed.

Accordingly the writ petition is partly allowed. The respondents are directed to calculate and pay total arrears of salary of the petitioner from 18111982 to 4111986 within one month from today.

Let a copy of this order be made available by to tomorrow to learned Standing Counsel for its communication to the respondents and for compliance of the order within time limit fixed in the order.