STATE OF UTTAR PRADESH Vs. D P GUPTA

JUDGEMENT

(1.) This petition, by the State, has been filed challenging the judgment and order passed by the State Public Services Tribunal dated 31st March, 1994, by means of which the claim petition preferred by the Private respondent challenging his order of compulsory retirement dated 24.1.1990, has been allowed. The private respondent challenged the question of validity of the order of compulsory retirement dated 24.1.1990 and also claimed fixation of salary in the revised pay scale in the years 1972, 1979 and 1986 and for the payment of arrears as well as salary for the period 29.2.1972 to 27.5.1977 with bonus for certain years along with 18% interest per annum.

(2.) The private respondent was recruited as Constable in the Police Force in the year 1956 and was confirmed as such on 18.1.1958. He was placed under suspension with effect from 29th May, 1972, which suspension continued till 27th May, 1977, when he was given adverse entry in the year 1977. The respondent was again placed under suspension with effect from 9.11.1981 and remained as such upto 7.1.1985 and action under Section 7 of the Police Act was also taken which resulted into reduction of scale of pay for three years.

(3.) On 18.7.1989, the respondent proceeded on leave, but he failed to report for duty after expiry of the leave period and remained absent continuously. Under these circumstances, his case for compulsory retirement was considered by the Screening Committee, wherein he was found fit to be retired compulsorily. On the basis of recommendation of the Screening Committee and the material on record, the Senior Superintendent of Police, Allahabad, vide order dated 24.1.1990, retired the respondent compulsorily under fundamental Rule 56 Parts II to IV.