Allahabad High Court
Ajab Singh vs U.P. State Public Service Tribunal And ... on 9 January, 1996
Equivalent citations: [1996(73)FLR945], (1996)IILLJ438ALL
JUDGMENT P.K. Mukherjee, J.
1. Earlier, when this writ petition was moved before me, on September 4, 1995 learned Standing Counsel was granted time to obtain instructions. Learned Standing Counsel was further directed to show-cause as to why salary of the petitioner during the period of his termination of services and reinstatement should not be paid.
2. No counter affidavit has been filed till today, i.e. January 9, 1996. In my view, it is settled Jaw that if the termination order is set aside by a court of law, the employee is entitled for the salary and allowances for the intervening period. In the present case, termination order of the petitioner has been set aside by State Public Services Tribunal by its judgment and order dated December 16, 1993. It has been held by the Tribunal that:-
"......it is clear from the record that no show cause notice was given to the petitioner nor any opportunity was given to explain his position. In these circumstances, it is clear that the order of cessation of services of the petitioner was wholly illegal and is not sustain-able in the eyes of Jaw.
"The Petitioner is not in service since 1980. He shall be deemed to be in continous service as the order of cessation of service is liable to be quashed."
3. However, the Tribunal has not allowed the petitioner to get salary and allowances for the intervening period.
4. In my view, the Tribunal thought that Tribunal is powerless even after granting reinstatement to grant salary and allowances, as arrears. The view taken by learned Presiding Judge of the Tribunal is. erroneous in view of clear law laid down by Hon'ble Supreme Court in Devendra Pratap Narain Rai Sharma v. State of U. P. and Ors. (1962-I-LLJ-266). Learned Counsel for the petitioner also relied upon a decision of apex Court in Swendra Kumar Verma v. Central Industrial Tribunal-cum-Labour Court (1981 -I-LLJ-386)to this effect.
5. In view of the aforesaid position of law, I hereby direct the respondent Nos. 2 and 3 to make payment of salary and allowances to the petitioner between the period of termination of his services till reinstatement (i.e.; from July 3, 1980 to July 1995) within two months from the date of production of a certified copy of this judgment and order.
6. The writ petition is allowed to the extent indicated above. Parties shall bear their own costs.