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1998 DIGILAW 1244 (SC)

SUSHIL CHANDRA MISRA v. STATE OF U. P.

1998-10-16

S.RAJENDRA BABU, S.SAGHIR AHMAD

body1998
ORDER 1. Notice of the SLP was issued to the respondents indicating therein that the matter would be disposed of finally at the notice stage itself. Nobody is present on behalf of the respondents despite service. 2. Leave is granted in both the special leave petitions. 3. The appellant was employed as a Science Demonstrator in Lalit Hari Ayurvedic College, Pilibhit where he claims to have become a permanent lecturer. The College was subsequently affiliated to the Kanpur University. His services were terminated by order dated 2-7-1977 with retrospective effect from 10-1-1975. The order of termination was assailed by the appellant before the U.P. Public Services Tribunal, Lucknow (hereinafter referred to as "the Tribunal") and the Tribunal by its judgment dated 30-11-1987 allowed the claim petition by the following operative order: "The claim petition is allowed and the impugned orders dated a 18-4-1980 and 2-7-1977 contained in Annexures 9 and 6 respectively, so far as they relate to the rejection of the petitioner's representation and termination of his services with effect from 10-1-1975 are quashed being illegal, invalid and inoperative in the eye of the law. The petitioner shall be treated as in service throughout as if the termination of his services had not been ordered and shall be entitled to get all the consequential b benefits including arrears of salary, allowances and seniority, etc. The opposite parties are directed to give all the consequential service benefits to the petitioner. He shall also get the costs of this claim petition from the opposite parties which are assessed at Rs 400." 4. The respondents filed a writ petition against that order of the Tribunal before the Lucknow Bench of the Allahabad High Court where a learned c Single Judge by his judgment dated 4-4-1997 allowed the writ petition and quashed the order passed by the Tribunal. The judgment is quoted below: "Hon'ble S.L. Saraf J. Heard counsel for the petitioner and the standing counsel for the respondents. It appears that the petitioner's services were terminated with retrospective effect from 10-1-1975. The petitioner moved before U.P. Public Services Tribunal No. II, Jawahar Bhawan, Lucknow in the year 1979. The facts of the case is that the Tribunal entertained the petition and held that the order was illegal, ultra vires and inoperative. The petitioner had moved at a very late stage before the Tribunal for agitating E his grievance. The petitioner moved before U.P. Public Services Tribunal No. II, Jawahar Bhawan, Lucknow in the year 1979. The facts of the case is that the Tribunal entertained the petition and held that the order was illegal, ultra vires and inoperative. The petitioner had moved at a very late stage before the Tribunal for agitating E his grievance. As such the order dated 30-11-1987 stands quashed and set aside. However, this Court was pleased to pass an order directing the petitioner to pay Respondent 1. The petitioners are directed to pay the salary and other allowances due to be paid to Respondent 1 within a period of three months from the date of service of this order. The matter is disposed of with the above directions. No order as to costs. sd/- .............. ..1. (S.L. Saraf) 4-4-1997" 5. The order of the High Court is cryptic and states no reason. In fact, the matter has been dealt with in a cursory manner which is not reflective of the judicial approach expected of the High Court. Consequently, the appeals are allowed, the judgment and order dated 4-4-1997 passed in WP (C) No. 3920 of 1989 as well as the order dated 13-10-1997 passed in CM Application No. 11204(W) in WP (C) No. 3920 of 1989 are set aside and the cases are remitted to the High Court for a fresh consideration in accordance with law. It is, however, made clear that the salary for the period reckoned from the date on which services were terminated till the date of the Tribunal's judgment shall be paid to the appellant within three months. There will no order as to costs.