ABHAY NATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri S.K. Gaur, Advocate holding brief of Shri Amitabh Mishra, learned counsel for the petitioner and Shri Ran Vijay Singh, learned Additional Chief Standing Counsel.

(2.) By means of the present writ petition the petitioner has challenged the order dtd. 25/8/2011, contained in annexure no.1 to the writ petition, to the extent it denies the arrears of salary for the period w.e.f. 26/12/1997 to 15/6/2009. The petitioner has further prayed for a direction to the opposite parties to pay the arrears of salary for the said period in accordance with Rule 54-A read with Rule 53(1) and (2) of the Financial Hand Book, Vol.-II, Part-II to IV (here-in-after referred as Financial Hand Book) alongwith interest.

(3.) The facts, relevant for disposal of the instant writ petition, are that the petitioner was suspended in contemplation of departmental proceedings for the alleged misconduct by means of the order dtd. 12/9/1997. Thereafter the petitioner was dismissed from service by means of the order dtd. 26/12/1997 passed by the Superintendent of Police, Gonda, invoking the provisions of Rule 8(2)(b) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules-1991 (here-in-after referred as Rules of 1991). The petitioner challenged the order of dismissal as well as the suspension order, before this Court, in Writ Petition No.919 (S/S) of 1998; Abhay Nath Singh Vs. State of U.P. and Others. The writ petition was allowed by means of the judgment and order dtd. 17/4/2009 and the respondents were directed to allow the petitioner to work on the post, which he was holding prior to the order of dismissal and shall be paid salary and allowances as admissible to him. The operative portion of the order dtd. 17/4/2009 is extracted here-in-below:-