RUDRA NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) By means of instant writ petition, the Petitioner has sought a writ in the nature of certiorari for quashing of the order dated 09.07.1980, as contained in Annexure No. 8 to the writ petition. He has further prayed for a writ in the nature of mandamus commanding the opposite parties to pay uptodate salary and other emoluments and allowances, pension and gratuity amount to the Petitioner as per Rules.

(2.) This writ petition was dismissed in default vide order of this Court dated 01.10.1997 against which Petitioner moved applications for recall of the said order but that too were rejected vide orders dated 10.01.2000 and 29.01.2002. Feeling aggrieved, the Petitioner preferred Special Appeal No. 99 of 2002 before Division Bench of this Court which was allowed and orders dated 01.10.1997, 10.01.2000 and 29.01.2002 were set aside and writ petition was restored to its original number.

(3.) Facts of the case, in nutshell, are that Petitioner was initially appointed as a Group III employee in Agriculture Department in the year 1946 and was promoted to Group II in the year 1965. In the year 1971 while Petitioner was working as Buffer Godown Inspector, Naugarh, district Basti, was placed under suspension vide order dated 02.07.1971 without contemplation of any enquiry. The suspension order also does not contain any allegation/ charge which resulted in passing of the same. However, it only indicates that the Petitioner will be paid 1/4th of the salary as subsistence allowance. The suspension allowance was not paid to the Petitioner for sufficient long period. After repeated request, it was only in the month of October, 1971, the subsistence allowance was paid but without any justification the subsistence allowance from the month of July to September, 1971 was withheld. The Petitioner time and again approached the authorities for apprising him regarding the grounds of suspension/ charges against him and also paying him 1/3rd of the salary as subsistence allowance and in pursuance to the repeated request of the Petitioner, the Deputy Director of Agriculture, Gorakhpur Region, Gorakhpur vide his letter dated 17.01.1974 directed to the District Agriculture Officer, Basti for taking steps for payment of subsistence allowance 1/2 of the salary of the Petitioner, as nothing was done in the departmental proceedings by the authorities.