CHANDRA BHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Singh, J. Chandra Bhan Singh was Assistant Wasil Waqi Navis in Deoria since 1-1-1976. The petitioner's services were terminated on 25-6-1978. The petitioner challenged the termination order through claim petition No. 1224/1/78 before the U. P. Public Service Tribunal, Lucknow. The petitioner's claim was allowed by Public Service Tribunal by its order dated 25-5-1982 setting aside the termination order dated 25-6-1978 and further directing that the petitioner shall be deemed in continuous service throughout with all the benefits and privileges of continuity of service. The said order of the Tribunal dated 25-5-1982 has been annexed as Annexure No. 1 to the writ petition. The respondents in spite of tribunal's directions above said did not permit the petitioner to join his duties nor the arrears of his salary etc. were paid to him. After several requests the petitioner was paid Rs. 14, 346. 36. For the balance of Rs. 6, 816. 15 the petitioner filed execution case before the District Judge, Deoria on 30-7-1983. The execution case of the petitioner was allowed on 12-9-1985. Therefore, the balance amount of salary amounting to Rs. 6, 816. 15 was paid to the petitioner. After several representations to the respondent No. 2, the petitioner was not allowed to join his duties, till 4-11-1986. The petitioner joined his duties on 4-11-1986 but the respondents did not pay the salary due between 18-11-1982 to 11-11-1986 i. e. the date of joining by the petitioner in compliance of the order dated 25-5-1982 of the U. P. Public Service Tribunal and the date of his actual joining in the service. The petitioner prayed for payment of arrears of salary for the said period as well as for his confirmation and his promotion and he repeated his re quests through several letters but the respondents did not pay any heed towards the representations of the petitioner. In the circumstances the petitioner has filed this writ petition before this Court for the following reliefs: " (a) a mandamus may issued directing respondent No. 2 to pay the petitioner his salary from 18-11-82 to 4-11-86 with interest 12. 1/2% from 18-11-82 till the actual payment is made together with damages. (b) may issue mandamus directing the op posite party No. 2 to confirm the petitioner in his post and promote him from the date when his juniors were confirmed and promoted and ac cord him all the benefit of service including continuity and to give effect to the Judgment of Tribunal dated 25-5-82 in totality. (c) may issue any other writ, or direction as the Hon'ble Court may deem fit and proper in the circumstances of the case. (d) award the cost of this writ petition to the petitioner as against respondents. "

(2.) IN the counter-affidavit the respondent has taken stand in para 7 that the petitioner was declared confirmed vide circular dated 22-3-1991 and the pay of petitioner as selection grade has also been fixed by Collector, Deoria by order dated 23-6-1991 and consequently petitioner has drawing his salary in selection grade. The relevant order has been annexed as CA-2 and CA-3 to the counter-affidavit, on the point of direction of petitioner's promo tion on higher post. The defendant has stated in para 8 that the relevant records from Collector are not available but an application of the petitioner dated 29-5-1991 has been made available and it dis close that the promotion of the petitioner has been decided by Collector, Deoria. Since the petitioner has now been an employee in the newly created district Padrauna which has been carved out of original district of Deoria a seniority list of Collectorate employees has been finalised on 26-12-1995 and as per this seniority list no junior to the petitioner has been con sidered for promotion.

(3.) LET a copy of this order be made available by to tomorrow to learned Stan ding Counsel for its communication to the respondents and for compliance of the order within time limit fixed in the order. Petition partly allowed. .