SURENDRA NATH VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shyamal Narain, Advocate, assisted by Sri Ashwani Kumar Mishra, learned counsel for the petitioner, Sri Mahendra Pratap, Advocate, appearing on behalf of the State as Special Counsel and Sri Pankaj Rai, learned Additional Chief Standing Counsel.

(2.) The brief facts of the case are that the petitioner was serving as Medical Officer (Homoeopathic). It is alleged that the wife of the petitioner has committed suicide on 25.05.2002. A First Information Report was lodged against him on 27.05.2002 under Sections 302, 498-A & 328 IPC, P.S. Attarsuiya, District-Allahabad. By the judgment dated 21.04.2009 in Sessions Trial No. 350 of 2004, the Additional Sessions Judge, Fast Track Court, Court No. 20, convicted the petitioner and awarded punishment under Section 498A IPC for two years rigorous imprisonment with fine of Rs. 3000/- and under Section 306 IPC for four years rigorous imprisonment with fine of Rs. 10,000/-. The petitioner filed a Criminal Appeal No. 2605 of 2009 in which by an order dated 07.05.2009, the petitioner was granted bail and the effect and operation of the impugned judgment and order dated 21.04.2009 was stayed by this Court. It appears that in pursuance of the criminal proceeding, the petitioner has been suspended. However, when the petitioner was released in pursuance of the order passed by this Court, the petitioner applied for his reinstatement. The Secretary Medical, Health, Government of U.P. reinstated him after quoting the order of the Criminal Appeal No. 2605 of 2009. Purportedly, in compliance of the interim order of the High Court dated 07.05.2009. The petitioner filed the Writ Petition No. 27895 of 2010 seeking relief for direction to decide his representation dated 29.12.2009 for fixing his pay in the pay scale? in accordance with the recommendation of 6th Pay Commission and also pay him basic pay including pay band coupled with dearness allowance in consonance with recommendation of 6th Pay Commission w.e.f. November, 2009.

(3.) While entertaining the writ petition on 17.05.2010, the Division Bench of this Court has made the following observation:-