DWARKA PRASAD KASHYAP Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by the stipulations made by the respondents in the order dated 22-7-1996 wherein although the petitioner has been reinstated on his being acquitted in the criminal case but backwages have been denied to him and the intervening period has been directed to be treated as break in service.

(2.) The brief facts leading to the filing of the present petition are that the petitioner at the relevant time was working as an Assistant Teacher in the Tribal School under the Tribal Welfare Department at Balaghat having joined services on 17-3-1966. On a criminal case being registered against him under section 302 of the Indian Penal Code he was taken in police custody on 14-2-1972 and a criminal trial was instituted against him. On the basis of above the respondents/Department terminated the petitioner's services by order dated 26-4-1972 with effect from 17-3-1972. The petitioner was ultimately acquitted in the criminal trial by the District and Sessions Judge, Balaghat by judgment dated 28-11-1972 and the appeal filed by the State against the petitioner's acquittal also suffered dismissal on 31-8-1979.

(3.) It is stated by the petitioner that he submitted an application for rejoining his post on 2-9-1979 and thereafter repeated the same request on 1-6-1980 but the respondents/authorities did not permit him to rejoin the services. On 10-5-1995 he again filed an application before the Collector. Ultimately, the State on considering his application dated 11-10-1980 directed reappointment of the petitioner by order dated 22-7-1996 denied the benefit of backwages and further directed that the intervening period i.e. from the date of dismissal till the date of reappointment be treated as break in service. Being aggrieved by the aforesaid the petitioner initially approached the authorities and thereafter the M.P. State Administrative Tribunal for redressal of his grievance. The petition having been transferred to this court is being heard and decided.