Upon reinstatement after suspension, the appointing authority must determine subsistence allowance and recognize the entire service length for benefits, not treating reinstatement as a fresh appointment.

JUDGMENT

Manjive Shukla, J.

Heard Sri. Kripa Shankar Singh, learned Senior Advocate assisted by Sri. Gaurav Singh, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No.1, Sri. Shivendra Singh Bhadauria, learned counsel appearing for the Respondents No.2 and 3 as well as Sri. Kushmondeya Shahi, learned counsel appearing for the Respondent No.4.

2. Petitioner through this writ petition has prayed for a direction thereby commanding the respondents to pay subsistence allowance admissible to the petitioner with effect from 24.11.2009 till the date of his reinstatement in service along with interest over the delayed payment. Petitioner has also prayed that he may be treated to have been appointed on the post of Assistant Teacher with effect from his initial date of appointment i.e. with effect from 2.7.2009 and may be paid all consequential service benefits on the basis of length of his service w.e.f. 2.7.2009.

3. Facts of the case, in brief, are that petitioner was appointed on the post of Assistant Teacher at Primary School Lokeyapur Khaga, District Fatehpur on 2.7.2009. Just after few months of his joining on the post of Assistant Teacher he was implicated in a criminal case and in connection thereto he was sent in judicial custody and therefore, could not report for work at the place of his posting. The District Basic Education Officer, Fatehpur passed an order on 16.12.2009 whereby petitioner's services were placed under suspension on the charge of unauthorized absence from duty with a contemplation that he will be paid subsistence allowance in terms of Fundamental Rule 54-B of the Financial Hand Book, Volume-II Part 2 to 4.

4. Petitioner was convicted vide judgment and order dated 14.12.2016 passed by the Special Judge, E.C. Act, Allahabad in Sessions Trial No.521 of 2010 and therefore, he filed Criminal Appeal No.6498 of 2016 before the High Court. During pendency of the aforesaid appeal, petitioner was enlarged on bail vide order dated 16.11.2017 and ultimately, vide judgment and order dated 20.4.2018 passed by this court his appeal was allowed and he was acquitted from all the charges.

5. Petitioner after being enlarged on bail by this court and further his acquittal from criminal charges filed an application before the District Basic Education Officer, Fatehpur for allowing him to join on his post of Assistant Teacher and thereafter, the District Basic Education Officer, Fatehpur passed an order dated 13.7.2018 whereby suspension of the petitioner's services was revoked and he was reinstated in service on the post of Assistant Teacher in Primary School Lokeyapur, Block Bijaipur, District Fatehpur. Later on, petitioner has been transferred from District Fatehpur to District Prayagraj vide order dated 29.1.2021 and since then he is working in a Primary School at district Prayagraj.

6. Petitioner feeling aggrieved by non-payment of subsistence allowance for the period his services were placed under suspension and also feeling aggrieved by the respondents' action treating his appointment to be a fresh appointment w.e.f. the date of reinstatement in service i.e. 13.7.2018, has filed this writ petition.

7. Learned Senior Advocate appearing for the petitioner has submitted that once petitioner's suspension has been revoked and he has been reinstated in service vide order dated 13.7.2018, then he is entitled for payment of subsistence allowance for the period from 24.11.2009 till the date of his reinstatement in service for the reason that petitioner has been honourably acquitted in the criminal case vide judgment and order dated 20.4.2018 passed by this court in Criminal Appeal No.6498 of 2016. Learned Senior Advocate appearing for the petitioner has further submitted that after reinstatement of the petitioner in service it was obligatory on the appointing authority i.e. the District Basic Education Officer, Prayagraj to pass an order under Fundamental Rule 54-B of the Financial Han