Court No. - 33
Case :- WRIT - A No. - 56703 of 2015 Petitioner :- Hari Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Kumar Saroj,Vijay Prakash Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondent.
Petitioner was appointed as class IV employee (Peon) on 23.07.1979 in the office of Assistant Commissioner (Administration) Trade Tax, Allahabad. While he was in service, he came to be implicated in Case Crime No.324 of 1993, under Sections 302/34 and307/34 I.P.C., Police Station - Saini, District - Kaushambi. An order of suspension came to be passed against the petitioner for such reason on 12.04.1994.
It is submitted that continued suspension was challenged by petitioner before this Court in Writ Petition No.32853 of 1997 and a direction was issued by this Court to pay subsistence allowance to the petitioner.
It appears that the suspension of petitioner continued and ultimately by order dated 21.02.2007, petitioner was reinstated subject to final disposal of pending criminal case against the petitioner. An order has been passed by the Assistant Commissioner on 02.07.2015, which records that petitioner will be entitled to service benefits except salary for the period 17.08.1993 to 21.02.2007. During this period, petitioner was paid only subsistence allowance. This order is assailed in the present writ petition.
Learned counsel for the petitioner states that ultimately petitioner has been acquitted of the charge levelled against him by the competent Sessions court on 06.12.2012. It is also stated that petitioner has continued to work and has ultimately attained the age of superannuation on 30.09.2018.
Grievance of the petitioner is that regular salary has not been paid to him from 21.02.2007 till the petitioner attained the age of superannuation and only subsistence allowance was paid for such period.
Although various arguments are advanced, but learned counsel for the petitioner confines his relief to a direction being issued to respondent no.5 - Assistant Commissioner (Prabhari) Commercial Tax, Kaushambi, for release of balance of salary to petitioner from 21.02.2007 to 30.09.2018 and for a direction upon the respondents to compute and release retiral benefits by counting the period from 17.08.1993 to 21.02.2007 towards qualifying service for payment of pension.
The counter affidavit has been filed justifying the suspension of petitioner on account of his implication in criminal case. It is, however, admitted that petitioner has joined and has worked from 21.02.2007 onwards.
Having worked since 2007, the petitioner would be entitled to arrears of difference of salary from the date of his actual working i.e. 21.02.2007 till he attained the age of superannuation and also for release of retiral benefits by including period from 17.08.1993 to 21.02.2007 for the purposes of payment of pension without difference of salary for such period.
As the petitioner has already been acquitted in criminal case and he has otherwise worked from 21.02.2007, a direction is issued to respondent no.5 - Assistant Commissioner (Prabhari) Commercial Tax, Kaushambi to compute difference of salary for the period 21.02.2007 till the petitioner's date of superannuation and also to compute and release petitioner's retiral benefits in accordance with his entitlement, within a period of three months from the date of presentation of copy of this order.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 8.1.2021 Atul