KRISHI UTPADANMANDI SAMITI Vs. RAJESH KUMAR SINGH

JUDGEMENT

(1.) The question in these revision applications is as to whether the order passed by the Public Services Tribunal quashing the termination order of the employee and declaring that he will continue to remain in service and will be entitled to salary and other allowances etc. can be executable by Civil Court or it is pure and simple declaratory decree which cannot be executed and the order passed by the Tribunal will remain only on paper.

(2.) Under the U.P. Public Services (Tribunals) Act, 1976 (hereinafter known as the Act), the Tribunal is to adjudicate upon matters in respect of employees of the State. Section 5 of the Act provides powers and procedure of the Tribunal. Sub-section (6) and (7) of Section 5 of the Act, which are relevant, read as follows:

(3.) Once a Government servant or employee or an employee of a Statutory Corporation gets appointment he gets a particular status and the legal position is, more or less, that of a contract. In case he is deprived of his status and a declaration is given that he is entitled to same status which he has been deprived and he is placed back in the position from where he was displaced, he will continue to be entitled to hold the same status, privileges, rights and obligations attached to the same notwithstanding the intervening circumstances with which he was deprived. A declaration granted by the Tribunal under Section 5 Sub-section (6) shall be binding on the claimant and the employer as well as any other public servant once a declaration made by the Tribunal has been made of binding effects one who is bound by it has to give effect to the same, and the same cannot be ignored by an employer or any other authority and the employer is bound to respect the same and cannot raise any objection to it and if the matter has gone to a Court of law obviously it will give recognition to the same. In this connection observations made by the Hon'ble Supreme Court in State of Bihar v. Rani Sonabati Kumari may be made: