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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Alok Mathur,J.
Gorakhnath Shukla – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. – Respondent
| Table of Content |
|---|
| 1. suspension and reinstatement (Para 2) |
| 2. disciplinary proceedings (Para 3 , 4) |
| 3. representation for back wages (Para 5) |
| 4. court's previous orders (Para 6 , 7 , 8) |
| 5. illegality of orders (Para 9 , 10 , 11) |
| 6. consideration of rules (Para 12 , 13) |
| 7. relevant considerations (Para 14 , 15) |
| 8. quashing of orders (Para 16) |
| 9. entitlement to back wages (Para 17 , 17 , 19) |
JUDGMENT :
Alok Mathur, J.
1. Heard Sri Manish Kumar Rai, learned counsel for the petitioners and the Standing counsel for the respondents.
2. The grievance raised in the present writ petition is with regard to the impugned order dated 28.2.2023 whereby Sub Divisional Magistrate, Mankapur has withheld 30 per cent of the salary of the petitioner towards back-wages to be paid to the petitioner consequent to his reinstatement after setting aside of the order of dismissal as well as order dated 27.11.2024 whereby the appeal of the petitioner against the order dated 28.2.2023 has been rejected.
3. The facts in brief are that the petitioner was working as Collection Amin when he was suspended by means of order dated 7.12.2000 in contemplation of a departmental proceedings Subsequently on conclusion of the disciplinar
A government servant reinstated after dismissal is entitled to full back wages unless delays in disciplinary proceedings are attributable to them.
An employee acquitted after suspension and reinstatement is entitled to back wages for the period of suspension and to seniority and consequential benefits, including promotion, at par with the last ....
The petitioner was entitled to backwages for the non-working period, except for the period when he pursued a law degree and practiced law. The Court directed the respondents to calculate the backwage....
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 appointm....
Employment and service matter - Wages - No substantial difference between Rule 54 and Rule 54-A of Fundamental Rules, except that in one case, reinstatement is in consequence of an order made in depa....
Suspended employees are entitled to subsistence allowance as a matter of right, and proper disciplinary proceedings must be initiated post-conviction under Rule 17(c).
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
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