SUDHAKAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) TARUN Agarwala, J. Heard the learned Counsel for the petitioner.

(2.) THE petitioner is a Constable and was dismissed from the services on 24th August, 1993. His appeal was also rejected on 22nd February, 1994, against which, the petitioner preferred Writ Petition No. 26842 of 1994, which was al lowed by judgment and order dated 19th April, 1999. THE operative portion of the order is quoted hereunder: "the writ petition succeeds and is allowed. THE dismissal order dated 24. 8. 1993 passed by the respondent No. 2 (Annexure 1 to the writ petition) and appellate Court order dated 27. 2. 1994 passed by the respondent No. 1 (Annexure 2 to the writ petition) are hereby quashed. THE respondents are directed to reinstate the petitioner in service within one month from the date of production of certified copy of this judgment. "

(3.) IN support of his submission, the learned Counsel for the petitioner has placed reliance in the case of State of Kerala and others v. E. K. Bhaskaran Pillal, (2007) 6, SCC 524, wherein the Supreme Court directed grant of back wages from the date of filing of petition instead of from the date of promotion. The learned Counsel also placed reliance in the case of Hardwari Lal v. State of U. P. and others, (2000) 1 UPLBEC 331, wherein a Division Bench of this Court while set ting aside the order of dismissal issued a direction for reinstatement with 50% of salary. The learned Counsel also placed reliance on another decision of the Su preme Court in UPSRTC Ltd. v. Sarada Prasad Misra and another, (2006) 4 SCC 733, wherein the Court held that there is no cast iron rule nor there is a precise formula which could be adopted for the payment of the back wages and that it was a discretionary power to grant the back wages which had to be exercised in view of the keeping in view the facts and circumstances in each case.