NASEEM FATMA Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner was a Constable in the Civil Police. Her services were terminated by the order dated 13th February, 1998 against which she filed Writ Petition No. 16307 of 1998 which was dismissed on 9th February, 2009 as the Petitioner had an alternative remedy of filing an appeal. The appeal filed by the Petitioner has been allowed by the order dated 17th December, 2009 passed by the Inspector General of Police, Allahabad and the dismissal order dated 13th February, 1998 has been set aside. The grievance of the Petitioner is that despite the setting aside the aforesaid dismissal order dated 13th February, 1998, the Petitioner has not been paid arrears of salary for the intervening period and nor the benefit of seniority has been given to the Petitioner.

(2.) Sri Vijay Gautam, learned Counsel for the Petitioner submitted that the Petitioner is clearly entitled for the payment of arrears of salary for the period she was out of service and seniority is also required to be given to the Petitioner.

(3.) Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel appearing for the Respondents has submitted that the appellate authority has only quashed the order of dismissal and has not granted any relief for payment of arrears of salary or seniority and, therefore, in the absence of such a direction, the Petitioner is not entitled to such benefits. In support of this contention, learned Additional Chief Standing Counsel has placed reliance upon the decision of the Supreme Court in Rajasthan State Road Transport Corporation and Ors. v. Shyam Bihari Lal Gupta., 2005 107 FLR 256.