State Of U.P.& Ors vs Mahendra Nath Tewari

State of U.P. and Anr. ... Appellants

Versus

Mahindra Nath Tiwari ...Respondent

JUDGMENT

J.M. PANCHAL, J.

1. Challenge in this appeal by special leave is to the

judgment dated October 16, 2006 passed by a Division

Bench of the High Court of Judicature at Allahabad in

Special Appeal No.42 of 2001, by which order dated

November 5, 1999 pronounced by the learned Single Judge

of the Allahabad High Court in Civil Miscellaneous Writ

Petition No.13710 of 1999 setting aside order dated

November 20, 1975 terminating the services of the 2

respondent and allowing the petition filed by the

respondent, is confirmed.

2. The brief facts of the case are as under : The

respondent was appointed as a Constable in PAC (Provincial

Armed Constabulary), U.P. on June 10, 1970. He was

convicted in a criminal case. Therefore, his services were

terminated by the appellant vide order dated November 25,

1975. Ultimately, he was acquitted in appeal and his

acquittal was confirmed by this Court. On acquittal, the

appellant should have reinstated the respondent in service

but no action was taken by the appellant at all. Therefore,

the respondent was compelled to file writ petition No.5224

of 1997 before the High Court for his reinstatement. The

said writ petition was disposed of on September 5, 1997

with a direction to the respondent to make representation

and to the appellants to consider the same. The respondent

made representation which was rejected by the appellants

on February 17, 1998. Therefore, the respondent filed Writ

Petition No.13170 of 1999 before the Allahabad High Court.

The learned Single Judge allowed the same on the basis of 3

judgment dated September 26, 1997 rendered in Writ

Petition No.46061 of 1998 filed by Vijay Bahadur Singh

against State of U.P. Thereupon, the appellants preferred

an appeal before the Division Bench of the High Court. The

Division Bench has dismissed the appeal because it found

that exhaustive judgment was delivered by the Division

Bench of the Allahabad High Court taking into

consideration all the aspects of the matter and the special

leave petition filed before this Court was dismissed by order

dated May 7, 2003. The judgment delivered by the Division

Bench is the subject matter of challenge in the instant

appeal.

3. The only contention raised by the learned counsel for

the appellant before this Court is that the respondent would

not be entitled to back wages, more particularly when order

dated November 20, 1975 terminating his services was

challenged by him in writ petition which was filed after

about 22 years. The learned counsel for the respondent

pleaded that, in fact, the appellants have not been directed

by the learned Single Judge or by the Division Bench to pay 4

back wages to the respondent and, therefore, there being no

substance in the appeal, the same should be dismissed.

4. This Court has considered the arguments advanced at

the Bar and the documents forming part of the appeal.

From the judgment delivered by the learned Single Judge, it

is evident that while allowing the petition of the respondent,

reliance was placed on the decision dated September 26,

1997 rendered in Writ Petition No.46061 of 1998 filed by

Vijay Bahadur Singh against State of U.P. The said

judgment is produced before this Court for perusal. It does

not indicate that in the said case, any back wages were

awarded to the petitioner. Further, the impugned judgment

also does not direct the appellants to pay back wages to the

respondent. The fact that the respondent would not be

entitled to back wages is accepted by the learned counsel for

the respondent. Therefore, the present appeal deserves to

be disposed of with clarification that the respondent would

not be entitled to back wages.

5. For the foregoing reasons, it is clarified that the

respondents would not be entitled to back wages at all. 5

Subject to above referred to clarification, the appeal stands

disposed of. There shall be no order as to costs.

.................................J. [J.M. Panchal]

.................................J. [Mukundakam Sharma] New Delhi;

December 17, 2009.