SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined as a Clerk in the Department of Development and Panchayat, Punjab on 25.5.1965. Vide order dated 16.1.1968, he was ordered to work as an Accounts Clerk and he was removed from service while working on that post on 9.6.1972. The petitioner thereafter challenged his removal from service by way of a civil suit. The suit was dismissed by the trial court, but the appeal was allowed vide judgment dated 16.1.1978, a copy of the decree sheet being appended as Annexure P-1 to the petition. It was held by the lower appellate court that the order impugned before it was liable to be quashed as it was not valid. The petitioner was thereafter reinstated vide order dated 21.2.1979, Annexure P-2 to the petition, and in compliance therewith he joined his duties on 23.2.1979. The order is reproduced below :

(2.) The petitioner once again represented against the stipulation in the afore-quoted order to the effect that he would be given only 38 months back salary. It appears that District Development and Panchayat Officer, Ahmedgarh, did recommend the case of the higher authorities for the grant of the entire arrears i.e. from 9.6.1972 to 21.2.1979 instead of the arrears of 38 months as ordered, but this suggestion was not acceded to by the Department. The petitioner persisted and continued to represent against the stipulation but the final order passed by the Department Annexure P7 dated 12.5.1980 was communicated to the petitioner declining his request. Annexures P-2 and P-7 have been challenged by the petitioner byway of the present writ petition.

(3.) It is the case of the petitioner that on reinstatement he was entitled to the payment of salary and other emoluments as if the services had not been terminated and he had continued in service throughout. In support of this contention, the learned counsel for the petitioner has cited Maimoona Khatun and another Vs. State of UP. and another, AIR 1980 SC 1773, two Full Benches of this court in Radha Ram Vs. Municipal Committee, Barnala and another, 1983 PLR 21 and Parkash Chand Vs. S.S. Grewal, Chief Secretary, Punjab etc., ILR (1974) 11 Punjab and Haryana 56 and Kulbir Singh Vs. The State of Punjab and another, 1990(2) RSJ 714.