The denial of back wages based on 'Dies-non' for a period of dismissal was ruled arbitrary, necessitating payment of 50% back wages under Rule 19(ii).

ORDER :

NAMAVARAPU RAJESHWAR RAO, J.

The present Writ Petition is filed for the following relief:

“…to issue an appropriate writ order or direction, more particularly, one in the nature of Writ of Mandamus and set aside the Order Rc.No.131 of 2024 dated 23.01.2024 passed by Respondent No. 1 insofar as period of dismissal as Chief Executive Officer from 13.06.2011 to date of joining in Lower grade i.e. till 31.01.2024 is treated as Dies-non and no salary/remuneration for that period shall be paid as illegal arbitrary violative of Articles 14 and 21 of the Constitution of India contravention of Rule 19(ii) of The service rules and regulations of the Karimnagar Cooperative Urban Bank Ltd., Karimnagar and amounting to double penalty, and, Consequently direct the Respondent Nos. 1 and 2 to grant back wages from 13.06.2011 till date of joining in Lower grade i e till 31.01.2024 and pass…”

2. Heard Sri Baglekar Akash Kumar, learned counsel for the petitioner, Sri K. Vasudeva Reddy, learned Standing Counsel for respondents No.1 to 3, and learned Government Pleader for Services-III, appearing for respondents No.4 and 5.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Chief Executive Officer (CEO) of Karimnagar Co-operative Urban Bank Ltd., Karimnagar, on 23.02.1999 and that several allegations were made against him, as a result of which, 16 charges were framed. After conducting the enquiry, 12 (twelve) out of 16 (sixteen) charges were held to be proved against the petitioner by the Enquiry Officer and vide Order dated 13.06.2011, petitioner was dismissed from service by respondent Nos.1 and 2. Aggrieved by the same, the petitioner approached the Appellate Authority, and the Appellate Authority, vide its Order dated 02.01.2012, upheld the said dismissal order. Aggrieved by the said order, the petitioner filed Writ Petition No.22240 of 2012 before this Court challenging the dismissal of service and the said Writ Petition was disposed of on 18.07.2023 holding that the punishment of dismissal of service imposed against the Petitioner is unfair and directed respondent Nos.1 and 2 to reconsider the punishment of dismissal from service within a period of 6 weeks from the date of receipt of the copy of the order.

4. Learned counsel for the petitioner further submits that the respondents herein have preferred an intra-court appeal before the Division bench of this Court vide W.A.No.881 of 2023 against the judgment dated 18.07.2023 in W.P.No.22240 of 2012 and the said Writ Appeal was dismissed by the Division bench of this Court vide order dated 08.09.2023, thereby, confirming the order of learned Single Judge of this Court in W.P. No. 22240 of 2012 and the same has attained finality.

5. Learned counsel for the petitioner further submits that the respondent No.1 vide impugned order bearing Rc.No.131/2024, dated 23.01.2024 has reduced the rank of the petitioner to a lower grade in service and is reinstated as Accountant/B.M. and respondent No.1 has treated the petitioner’s period of dismissal from the Service from 13.06.2011 to the date of joining as the Accountant/B.M. (i.e. till 02.02.2024) as “Dies-non” and no salary/remuneration for that period shall be paid. While reinstating the petitioner into service, respondent No.1 had asked the petitioner to give an undertaking in writing that he would not claim any salary of service benefits for the said period.

6. Learned counsel for the petitioner further submits that since 2011, the petitioner was without any employment and being a physically challenged person, no one had given him any employment. Under those circumstances, the petitioner was compelled to join the service as the Accountant/B.M. from 02.02.2024. When the petitioner requested the respondents for salary, the respondents refused to take the petitioner underemployment, as such, under duress, he was compelled to give an undertaking in writing that he will not claim any salary of service benefits from 13.06.20