RAM CHARAN AHIRWAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This writ application has been filed for issuance of mandamus commanding the respondents to grant selection grade to the petitioner and time scale together with payment of salary of suspension period illegally withheld by the respondents.

(3.) It appears from the record that the petitioner was suspended vide order dated 29.12.80 in contemplation of a disciplinary enquiry by the Director of Agriculture U.P. Lucknow. Charge sheet was served on him in August, 1984 to which he submitted his reply. Thereafter the suspension order of the petitioner was revoked on 12.2.1988 by the Additional Director of Agriculture U.P. Lucknow. When the salary of the petitioner for the suspension period after its revocation of the order of suspension was not paid by the respondents he filed Writ Petition No. 34558 of 1993 for the reliefs of writ of mandamus directing the respondents to promote him from group III to group II and to pay him salary including the arrears since September, 1992. It was prayed that the respondents may be directed to drop the disciplinary proceedings which were pending since 1980.