Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

State Of Uttara Pradesh . vs Shiv Lal Sonkar on 22 September, 2022

Bench: Surya Kant, Aniruddha Bose

                                                          1

                                       IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO.6862/2022
                      (@Petition for Special Leave to Appeal (C)          No.20095/2015)


     STATE OF UTTAR PRADESH                  & ANR.                         Petitioner(s)

                                                         VERSUS

     SHIV LAL SONKAR                                                        Respondent(s)

                                                    O R D E R

1. Leave granted.

2. The State of Uttar Pradesh has laid challenge to an Order dated 20­8­2014 passed by the Division Bench of the High Court of Judicature at Allahabad, whereby the respondent ­ herein, who was a constable in Police Department and was dismissed from service, has been ordered to be reinstated with 50% back wages from the date of dismissal of service to the date of reinstatement with continuity of service.

3. Learned counsel appearing on behalf vof the State of U.P., at the outset, points out that in compliance with the Division Bench’s Order, the respondent was reinstated in service and by now, he has retired on attaining the age of superannuation. However, back wages, as directed by the High Court have not yet been paid to him and as a result thereof, his post­retiral benefits have also not been determined.

Digitally signed by VISHAL ANAND

4. Date: 2022.09.26 19:25:49 IST Reason: Learned counsel appearing for the respondent, on instructions, states that the respondent is willing to give up the 50% back wages awarded by the High Court.

5. In view of the aforesaid submissions, the impugned Judgment of the High Court is modified and it is directed that the respondent shall be deemed to have been reinstated in service, without payment of back wages. His claim for retiral benefits shall be determined and if he is found entitled to, the same may be released to him within a period of four months from today.

6. As a result of the aforesaid order, the Contempt Proceedings, if any, initiated by the respondent before the High Court shall be deemed to have become infructuous.

7. The Appeal is disposed of in the above­terms.

..................J (SURYA KANT) ..................J (ANIRUDDHA BOSE) NEW DELHI;

22ND SEPTEMBER, 2022.

ITEM NO.7                   COURT NO.14               SECTION XI

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

       Petition for Special Leave to Appeal (C)      No.20095/2015

(Arising out of impugned final judgment and order dated 26­08­2014 in SA No. 185/2004 passed by the High Court of Judicature at Allahabad, Lucknow Bench) STATE OF UTTAR PRADESH . & ANR. Petitioner(s) VERSUS SHIV LAL SONKAR Respondent(s) (IA No. 2/2015 ­ EXEMPTION FROM FILING O.T. & IA No. 49676/2022 ­ STAY APPLICATION) Date : 22­09­2022 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Pradeep Misra, AOR Mr. Manoj Kumar Sharma, Adv. Mr. Suraj Singh, Adv.

For Respondent(s) Mr. Raghavendra S. Srivatsa, AOR Mr. Likhi Chand Bonsle, Adv. Ms. Komal Mundhra, Adv.

Mr. Saurabh Aggarwal, Adv.

UPON hearing the counsel the Court made the following O R D E R Application seeking exemption from filing official translation of the Annexures is allowed.

The appeal is disposed of, in terms of the signed Order. Pending application filed in the matter also stands disposed of.

  (VISHAL ANAND)                                  (PREETHI T.C.)
ASTT. REGISTRAR­cum­PS                           COURT MASTER (NSH)

(Signed Order is placed on the file)