Point of Law: Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quashed and in that case, petitioner shall be entitled for all consequential benefits as prayed in writ petition.

JUDGMENT :

1. Heard Sri Apoorva Tewari, learned counsel for the petitioner and Sri Shireesh Kumar, learned counsel for the opposite parties.

2. By means of the present writ petition, the petitioner has prayed following reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may very kindly be pleased to:

(a) To issue a writ, order or direction in the nature of certiorari to quash the impugned orders dated 06.07.2018 and 21.07.2018 annexed as Annexure No. 1 and 2 respectively to this writ petition;

(b) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to revise the salary of the petitioner by providing the annual increments to the petitioner from 01.02.1999 till 31.07.2017 and to grant the first promotional pay scale to the petitioner w.e.f. the year 2004 and further grant the benefits of the sixth pay commission on the basis of the revised salary;

(c) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to revised the gratuity payable to the petitioner on the basis of the revised salary as aforesaid;

(d) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the arrears due consequent to the revision of salary and gratuity as aforesaid;

(e) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the petitioner his provident fund dues for the period 2009 to 2017 and arrears of salary for the period the petitioner remained under suspension;

(f) To issue any other writ, order or direction which this Hon'ble Court may deem just, fit and proper in the interest of justice.

(g) To award costs to the petitioner."

3. Brief facts of the case are that the petitioner was appointed on the post of Junior Engineer in the U.P. Cooperative Federation Limited (hereinafter referred to as "Federation" in short) on ad-hoc basis on 6.2.1984. Services of the petitioner were regularized on 19.4.1991.

4. On 22.8.2002, the petitioner was placed under suspension in contemplation of disciplinary proceedings. The charge sheet dated 29.11.2002 was rescinded and a fresh charge sheet was issued to the petitioner on 14.2.2003. The petitioner replied to the charge sheet on 30.9.2003 under protest as he was not afforded an opportunity to inspect the documents.

5. On 6.2.2004, the suspension of the petitioner was revoked and he resumed his regular duties. The petitioner was paid only 50% of the salary as subsistence allowance during the period of his suspension i.e. from 22.8.2002 to 6.2.2004.

6. On 4.2.2009, the petitioner was dismissed from service of the Federation and recovery to the tune of Rs.17,52,764.58 was directed to be made from him.

7. Feeling aggrieved from the order of dismissal dated 4.2.2009, the petitioner filed a writ petition before this Court bearing Service Single No.2954 of 2009; Abdul Rauf Vs. U.P. Co-Operative Federation Ltd. & Another.

8. During pendency of aforesaid writ petition, the petitioner reached the age of superannuation on 31.7.2017.

9. This Court allowed the writ petition of the petitioner and quashed the punishment order 4.2.2009 vide judgment and order dated 18.12.2017. The aforesaid order is enclosed as Annexure No.6 to the writ petition. Operative portion of the judgment and order dated 18.12.2017 reads as under:-

"This Court having regard to the facts and circumstances of the case, is of the considered opinion that the impugned order being illegal and arbitrary calls for the issuance of a writ of certiorari and accordingly the order contained in Annexure-1 issued on 4.2.2009 is hereby quashed with all consequences. The petitioner would be entitled to 50% salary from the date of dismissal from service up to the date of retirement. The pensionery benefits admissible to the petitioner shall, however, remain unaffected and he shall be treated as if he was in service up to the date of attaining the age of superannuation. The consequential benefits sha