STATE OF UTTAR PRADESH Vs. ALI HUSSAIN ANSARI

JUDGEMENT

(1.) Leave granted.

(2.) State of Uttar Pradesh and its functionaries have filed the present appeal challenging the judgment dated 19.07.2018 passed by the High Court of Judicature at Allahabad, whereby the Division Bench has dismissed their appeal and affirmed the order dated 04.01.2018 passed by the learned Single Judge directing grant of consequential benefits in the form of post-retirement benefits with seniority in service and promotion(s), if any, but not actual payment of salary for the period between 08.06.1987 to 30.06.2006. The Division Bench by the impugned judgment has thereby affirmed the finding regarding continuation of service treating the first respondent's initial date of appointment as 08.06.1987 and directed that the period between 8.6.1987 till the date of actual joining on 30.06.2006 shall be counted for the purpose of consequential benefits, including pensionary benefits, albeit would be excluded for payment of back wages.

(3.) Having heard counsel for the parties, we feel, in view of peculiar facts and on balance of equities, the directions regarding the post- retirement benefit etc. as granted requires a modification.