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Allahabad High Court · body

2007 DIGILAW 1048 (ALL)

RAM CHARAN AHIRWAR v. STATE OF UTTAR PRADESH

2007-04-20

RAKESH TIWARI

body2007
( 1 ) HEARD counsel for the parties and perused the record. ( 2 ) THIS writ application has been filed for issuance of mandamus commanding the respondents to grant selection grade to the petitioner and time scale together with payment of salary of suspension period illegally withheld by the respondents. ( 3 ) IT appears from the record that the petitioner was suspended vide order dated 29. 12. 80 in contemplation of a disciplinary enquiry by the Director of Agriculture U. P. Lucknow. Charge sheet was served on him in August, 1984 to which he submitted his reply. Thereafter the suspension order of the petitioner was revoked on 12. 2. 1988 by the Additional Director of Agriculture U. P. Lucknow. When the salary of the petitioner for the suspension period after its revocation of the order of suspension was not paid by the respondents he filed Writ Petition No. 34558 of 1993 for the reliefs of writ of mandamus directing the respondents to promote him from group III to group II and to pay him salary including the arrears since September, 1992. It was prayed that the respondents may be directed to drop the disciplinary proceedings which were pending since 1980. ( 4 ) THIS Court had passed the following order in writ petition no. 34558 of 1993 on 16. 9. 93. "looking to the facts alleged by the petitioner above, it appears that the respondents are acting in a very arbitrary manner. Once the suspension order is revoked, petitioner is entitled for the payment of his salary and allowance to which he is legally entitled. The respondents do not appear to have any lawful justification to prolong disciplinary proceedings for a long time. I therefore, order that the disciplinary proceedings pending against the petitioner shall be concluded within six months from the date a certified copy of this order is served on the Director of Agriculture U. P. Lucknow. In case the disciplinary proceedings are not concluded within the time allowed by this order the same shall stand quashed. The respondents are further directed to pay all pending dues to the petitioner within a period of six weeks from the date a certified copy of this order is served on Director of Agriculture. In case the disciplinary proceedings are not concluded within the time allowed by this order the same shall stand quashed. The respondents are further directed to pay all pending dues to the petitioner within a period of six weeks from the date a certified copy of this order is served on Director of Agriculture. The respondents are, however, called upon to file counter affidavit within one month from today to show cause as to why the petitioners case for promotion on higher post is not being considered although his juniors have already been promoted. Till then no further promotion shall be made. List the case for further orders after one month. Sd. Illegible hon. A. P. Singh,j. 16. 9. 93. " ( 5 ) THE counsel for the petitioner submits that now the petitioner has retired from service the case for embezzlement pending against him has also been decided in his favour and the appeal filed by the State has also been dismissed. ( 6 ) THE Standing counsel submits that as per counter affidavit the petitioner has been promoted and the order has been passed for payment of salary taking into consideration the suspension period as on duty. ( 7 ) THE counsel for the petitioner states that in these circumstances, the petition may be disposed of finally by directing the authority concerned for payment of pension in terms of the order dated 2. 12. 94 passed by the authority taking into consideration the period of his suspension as on duty. The Standing counsel has no objection to the aforesaid prayer. ( 8 ) THE writ petition is accordingly disposed of finally by directing the authority concerned to decide the pension matter of the petitioner taking into consideration the suspension period as on duty within a period of two months from the date of production of a certified copy of this order and pay pension to the petitioner within a period of one month thereafter. The arrears of the pension shall also be paid to the petitioner within the aforesaid period. The respondents shall continue to pay pension to the petitioner month to month as and when it falls due in accordance with law. .