SHIV SHANKAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The appellant was working as a collection amin in the office of the Assistant Commissioner / District Assistant Registrar, Cooperative Societies, Bhadohi, impleaded as third respondent to these proceedings. The appellant attained the age of superannuation on 28 February 2013. His grievance was that during the tenure of his service, he was not paid his monthly salary for thirty one months between August 2004 to June 2007 and from January 2010 till the date of his retirement without any justification. Moreover, the appellant was not allowed the benefit of the payment of pay fixation and arrears in accordance with the report of the Sixth Pay Commission as adopted by the State. He filed a writ petition (Writ-A No. 47141 of 2010) for seeking the release of his salary and other retiral dues. A counter was filed on behalf of the respondents stating that an amount which was due had been paid while the balance would be paid over to the appellant as and when funds were made available. The learned Single Judge by an order dated 11 September 2013 disposed of the petition with the following observations and directions:

(2.) Despite the order of the learned Single Judge, the admitted arrears were not paid within a period of four months, following which a contempt petition was filed (Contempt Application (Civil) No. 1765 of 2014). On 13 March 2014, a learned Single Judge acting on the contempt application granted one more opportunity to the respondents to comply with the order within one month failing which it was directed that the opposite parties would remain present before the Court.

(3.) On 17 February 2014, the Assistant Commissioner and the Assistant Registrar issued a letter to the Additional Commissioner for sanctioning an amount of Rs.12,19,054.00 to the appellant. Eventually, on 20 March 2014, a communication was addressed to the Assistant Commissioner stating that a cheque in the amount of Rs.12,19,054.00 dated 18 March 2014 had been made over.