VIJAI PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A. K. Yog, J. Vijay Pratap Singh filed present petition under Article 226, Con stitution of India, claiming writ of man damus directing the respondents to dis burse the arrears of salary and allowances payable to the petitioner for the period between July 1974 to October 1991. .

(2.) BRIEFLY stated petitioner has filed a petition (claim No. 176 (F) III 82) before U. P. Public Service Tribunal III, Lucknow, for quashing of order of removal dated 30th September, 1976 and other orders passed in appeal and also claimed declara tion to the effect that he be treated to be continuing in service with all benefits in cluding recovery arrears of pay etc. w. e. f. 1st July, 1974. After contest, aforesaid claim petition was allowed and the order of removal as well as appellate order af firming the removal order were quashed. Tribunal declared that petitioner shall be deemed to be in continuous in service with all service benefits of pay, etc.

(3.) LEARNED counsel for the petitioner Sri AN. Singh, Advocate, submitted that the order passed by Tribunal (Annexure 1 to the petition), having become final since it has not been challenged by any party, the petitioner ought to have been paid the arrears in pursuant to the order of the Tribunal. According to the learned coun sel for the petitioner it is a statutory obligation, apart from being incumbent upon the concerned Opposite parties to pay the arrears after the judgment of the Tribunal (Annexure No. 1 to the petition ). LEARNED Standing counsel points out that a Contempt Petition No. 2457 of 1996 was filed by the petitioner in which this Court, vide order dated 16-1-1997 recorded, as fact, that on the basis of statement given by the concerned Officer, the petitioner has been paid his dues. LEARNED counsel for the petitioner is, however, not in a posi tion to endorse the same, in absence of communication with the client.