Heard Mr. Avanish Yadav learned counsel holding brief of Mr. Shishir Chandra, learned counsel for petitioner and Mr. Shireesh Kumar, learned counsel appearing on behalf of opposite parties.
Petition has been filed seeking the following relief:
"(i) Issue a writ, order or direction of writ in the nature of Mandamus commanding respondent authorities to make payment of balance salary to the petitioner for the period of suspension i.e. from 25.05.2017 to 17.05.2019; together with up-to-date interest @ 18% PA to the petitioner, forthwith, as the petitioner was placed under suspension in contemplation of disciplinary enquiry on the basis of flimsy charges in furtherance of suspension order dated 25.05.2017; and after due enquiry none of the charges were found proved against the petitioner; thus; the petitioner had to remain under suspension for no fault on his part; therefore; he cannot be denied full salary, annual increments falling due in between and other service benefits, for the suspension period.
(ii) Issue a writ, order or direction or writ in the nature of Mandamus commanding the respondents to make payment of difference of salary after giving benefit of annual increment in salary to the petitioner which fell due from 01.07.2017, 01.07.2018, 01.7.2019 & 01.07.2020 but was withheld due to continuance of the aforesaid disciplinary enquiry; in an entirely illegal & arbitrary manner and also to make payment of medical allowance for the period of 01.05.2017 to 29.05.2017; together with up-to-date interest @ 18% PA; in the interest of justice.
(iii) Issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstances of the case.
(iv) Award the costs of the petition to the petitioner."
Learned counsel for petitioner submits that the petitioner was suspended from service with effect from 25.05.2017 till date 17.05.2019 and thereafter the disciplinary proceeding culminated with a warning. It is thus submitted that the petitioner is entitled to the full salary for the period of suspension. For the aforesaid grievance, the petitioner has already preferred a representation dated 25.05.2018 and 14.09.2020. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.
Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.2, i.e. Managing Director, Provincial Co-operative Federation of U.P., Lucknow is directed to decide representation by reasoned and speaking order within a period of six weeks from the date a copy of this order is produced before him.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 13.1.2021 Subodh/-