Allahabad High Court
Jaswant Singh vs State Of U.P. And 5 Others on 4 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 4576 of 2023 Petitioner :- Jaswant Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Dubey,Dilip Kumar Goswami Counsel for Respondent :- CSC Hon'ble Vikas Budhwar,J.
Heard Sri Dilip Kumar Goswami, learned counsel for the writ petitioner as well as Sri Sandeep Singh learned State Law Officer, who appears for respondent no. 1 to 6.
The case of the writ petitioner is that he was appointed as a constable (CP No. 23) and he assumed the charge on 01.10.1997. Although his services were terminated on 13.11.2007, which compelled the writ petitioner to file writ petition No. 4188 of 2008 (Jaswant Singh V. State of U.P.) in which on 23.01.2008 the order dated 13.11.2007 terminating the services of the writ petitioner was kept in abeyance. In the meantime, the writ petitioner superannuated on 31.07.2019. Since pensionery benefits are not being paid to the writ petitioner, the writ petitioner preferred Writ A No. 14762 of 2019 (Jaswant Singh V. State of U.P. and 3 others) which came to be decided on 25.09.2019, whereby this Court held that a fresh writ petition is not maintainable, however the petitioner can pursue his remedy in the pending writ petition.
Eventually, the writ A No. 4188 of 2008 (Jaswant Singh V. State of U.P.) came to be decided on 19.09.2022 with the following directions:
"The present petition has been filed challenging the order dated 13.11.2007 passed by the Senior Superintendent of Police, District Bulandshahar dismissing the petitioner from service.
It has been stated in paragraph-17 of the writ petition that the order was passed without holding any disciplinary inquiry against the petitioner and without giving any opportunity of hearing to the petitioner.
The said averment has been denied in the Counter Affidavit filed on behalf of the State-respondents but no details have been given in Paragraph-10 of the counter affidavit regarding any opportunity given to the petitioner before passing order of termination of the services of the petitioner.
In view of the aforesaid, the order dated 13.11.2007 passed by the Senior Superintendent of Police, District Bulandshahar is contrary to the principle of natural justice and is hereby quashed.
It has been stated that the petitioner retired from service on 31.7.2019. The order dated 13.11.2007 was initially stayed by this Court vide its order dated 23.1.2008 and appears to be continuing till date. The petitioner was in service till the date of his retirement which has been stated to be 31.7.2019.
The respondents are directed to disburse post retiral dues of the petitioner in accordance with law after considering the dues of the petitioner.
With the aforesaid directions, the writ petition is allowed."
Thereafter, on 27.1.2023 respondent no.3 , Senior Superintendent of Police, District Bulandshahr proceeded to pass an order whereby the order dated 13.11.2007 terminating the services of the writ petitioner was recalled/set aside and it was also decided that the writ petitioner shall be entitled to all retiral benefits. According to this writ petition till date, no pensionery benefits have been paid to the petitioner despite the fact that now here remains nothing adverse against the writ petitioner.
Prayer of the writ petition is for a direction to the respondent authority to make payment of family pension, gratuity, general provident fund, insurance and other deeds. Learned standing counsel on the other hand submits that this petition appears to be a second writ petition in view of the fact that already Writ A No.4188 of 2008 preferred by the writ petitioner was decided on 19.9.2022, a direction had been issued to respondent authorities to disburse the retiral dues of the writ petitioner, thus the present petition for same relief is not maintenable. However, according to him, since now the third respondent has proceeded to pass an order dated 27.01.2023 setting aside/recalling the termination order dated 13.11.2007 and making the writ petitioner entitled to full pension benefits thus in view of the subsequent developments, the writ petitioner may be directed to prefer a comprehensive representation before the fifth respondent, Superintendent Police Baghpat for grant of retiral benefits. It is further the submission of the learned standing counsel that no fruitful purpose will be served in detaining the writ petition on board.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of with granting liberty to the writ petitioner to prefer a comprehensive representation before the fifth respondent, Senior Superintendent of Police Baghpat, who shall on the receipt of the representation accompanied with the self attested copies of the writ petition shall proceed to decide the same expeditiously within a period of two months from the date of production of the certified copy of the order, keeping in mind the order dated 19.9.2022 passed in Writ A No. 4188 of 2008 as well as the order dated 27.1.2023 of the respondent no.3.
Needless to point out that since the writ petition is being disposed of without seeking any response, thus the passing of the order shall not construed to be an expresssion that this Court has entered into the merits of the case.
Order Date :- 4.4.2023 Vipul