Court No. - 33
Case :- WRIT - A No. - 29384 of 2017 Petitioner :- Devi Shanker Pandey Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was Assistant Boring Mechanic in Minor Irrigation Department of the State. While in service petitioner was accused of an offence under section 302 IPC and was incarcerated in jail. Ultimately, the petitioner has also been convicted on 23.07.1987 in Sessions Trial No.235 of 1985. Aggrieved by such order of conviction petitioner preferred Criminal Appeal No.1915 of 1987 in which he has been enlarged on bail. The suspension of petitioner was ultimately withdrawn on 19.03.1999 subject to final orders to be passed in the pending criminal appeal. Petitioner attained the age of superannuation on 31.01.2005.
It appears that a claim was raised for release of salary for the period 21.12.1984 to 19.03.1999. Such claim of petitioner was declined vide order dated 30.03.2017 which is challenged in the present petition. A further prayer is made to command the respondents to consider his claim for higher pay scale pursuant to order passed by the authority on 30.03.2017.
Petition is opposed by learned Standing Counsel. It is submitted that question of payment of salary for the period in question will have to await final outcome of the criminal appeal.
Records reveal that no disciplinary action was initiated against the petitioner and his suspension was on account of his incarceration in jail and on account of the criminal proceedings pending against him. Order impugned dated 30.03.2017, therefore, rightly records that question of payment of salary for the period petitioner remained under suspension will be determined consequent upon final disposal of the criminal appeal. While observing so, the Executive Engineer has also rejected petitioner's claim for salary during this period. The order impugned appears to be self-contradictory inasmuch as having observed that such claim would be considered after final adjudication in the criminal proceedings, the authority cannot reject his claim for salary by the same order.
Order impugned dated 30.03.2017 is, accordingly, modified and it is observed that claim of petitioner for salary between the period 21.12.1984 to 19.03.1999 shall abide by the orders to be passed in the pending criminal appeal.
Respondents, however, having allowed benefit of higher pay scale from time to time after his reinstatement in service vide order dated 30.03.2017 cannot deny actual benefit to which petitioner has been found entitled as per the order. A writ of mandamus is therefore issued to the respondents to implement their order dated 30.03.2017 and extend financial benefits based upon the annual increments sanctioned to petitioner, from time to time vide aforesaid order. Such financial benefits shall be released to petitioner within a period of three months from the date of presentation of a copy of this order.
Subject to the above observations and directions, this petition is disposed of.
Order Date :- 23.9.2021 Ashok Kr.