JUDGMENT

S.S. Ahmad, J. - Jamuna Prasad Shukla, petitioner in Writ Petition No. 6759 of 1986 and Shyam Narain Shukla, petitioner in Writ Petition No. 3871 of 1986 were named as accused in FIR lodged at P.S. Kamla Pur, District Sitapur on 28.7,1980 at about 9 P.M. on the basis of which a case under section 302 IPC was registered against them and their associates. They were ultimately found guilty and were, consequently, convicted under Section 302 IPC, in Session Trial No. 946 of 1980 and were sentenced to life imprisonment. Both the petitioners have filed Criminal Appeal No. 100 of 1985 in this Court which has been admitted and both of them have been released on bail.

2. Sri Jamuna Prasad Shukla was placed under suspension by order dated 269.1980 and was dismissed from service by order dated March 28, 1985. The order of dismissal was challenged by him in Writ Petition 1701 of 1985 which was allowed on 12.7.1985 with the following operative order:

For the reasons atated above the writ petition is allowed and the order dated 28.3.1985 contained in Annexure6 is hereby quashed. It will be open to the opposite parties to pass a fresh order after taking appropriate disciplinary proceedings in which the petitioner is afforded adequate opportunity of hearing to defend himself.

3. In pursuance of the above order the opposite parties required the petitioner through their letter dated 8.4.1986, to join his duties. The petitioner joined the post on 17.4,1986. He was paid his full salary from 17.4.1986 to 9.7.1986. The petitioner demanded the arrears of salary for the period from 1.8.1980 to 7.2.1985 and again for the period from 8.2.1985 to 17.4.1986 which has not been paid to him inspite of exchange of letters between the petitioner and the opposite party No. 3. The petitioner has been suspended once again by an order dated 10.7.1986 (Annexure 6). It is this order which has been challenged by the petitioner in the present writ petition in which he has prayed that a writ of mandamus directing the opposite party to pay the arrears of salary to him for the period from 1.8.1980 to 7.2.1985 and full salary from 8.2.1985 to 16.4.1986 together with interest on the arrears withheld by the opposite party, may be issued.

4. Sri Shyam Narain Shukla was suspended by order dated 22.6.198 (Annexure 1) but the order was revoked by subsequent order dated 21.4.1982 (Annexure3). He was, however, placed under suspension again by order dated 23.2.1985 (Annexure 5) with retrospective effect from 8.2.1985, the date on which the judgment in Session Trial No. 946 of 1980 was pronounced, by which he was convicted under section 302 IPC and was sentenced to life imprisonment. By subsequent order dated April 4/8, 1985, contained in Annexure 6, the petitioner was dismissed from service with retrospective effect from 8.2.85, i.e. from the date on which the judgment was pronounced in Session Trial No, 946 of 1980. These orders, i.e. the order of suspension dated 23.2.1985 and the order dated April 4/8, 1985 (Annexure5) are challenged in the present writ petition.

5, The opposite parties have filed counteraffidavit in Writ Petition No. 67 of 1986 and the petitioner has filed a rejoinder affidavit. They have, however, not filed a counteraffidavit in Writ Petition No. 387 of 1986.

6. The order dated 28.3.1985, by which Sri Jamuna Prasad Shukla was dismissed from service, was set aside by this Court in Writ Petition No 1701 of 1985 merely on the ground that the dismissal order was based on the conviction of the petitioner, which was in violation of clause (a) to the proviso to Article 311 (2) of the Constitution under which it was incumbent for the authority concerned to have taken into consideration the petitioner's conduct which had led to his conviction on a criminal charge under section 302 I.P.C. For this purpose reliance was placed on a decision of this Court in Trilok Chandra Sharma Vs. State of U.P. & others (1984 (2) LCD 294) rendered by a Division Bench, of which one