HUKAM SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) PETITIONER Hukam Singh seeks a direction to regularise the period from 1.2.1986 to 1.5.1986 when the petitioner had been suspended and for a direction to grant the salary of the period from 2.5.198610 18.2.1998.

(2.) THE relevant facts are that the petitioner had been appointed as a Lecturer in Hindi on 21.9.1977 on ad hoc basis. His services were regularised w.e.f. 1.1.1980. He was convicted on 1.2.1986 for the offences punishable under Sections 302, 307 and 324 read with Section 34 of the Indian Penal Code. His services were terminated due to his conviction in a criminal case. The conviction of the petitioner was upheld by this Court and he preferred appeal in the Supreme Court. The Supreme Court had allowed the appeal and acquitted the petitioner. After acquittal, the petitioner was reinstated vide order dated 1.7.1998 and the petitioner has since joined his service. The petitioner represented for regularisation of the period of suspension from 1.2.1986 to 1.5.1986 and for grant of salary of the period from 2.5.1986 to 18.2.1998. He prayed for his name in seniority list to be kept as per his seniority that had been fixed when he was earlier in service.

(3.) IT is apparent from the statement of facts given above that the short question that comes up for consideration is as to whether in the peculiar facts when the petitioner has since been acquitted, he is entitled to the entire back wages or not ?