Court No. - 3

Case :- WRIT - A No. - 6670 of 2022

Petitioner :- Lalmani Verma

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Ashish Srivastava,Chandrabhan

Counsel for Respondent :- C.S.C.

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the petitioner and the

learned Standing Counsel.

Learned counsel submits that the petitioner is not

aggrieved with the termination of his services but

he is aggrieved to the extent of non-payment of

salary to him for the period from 19.08.1996 to

18.10.2000 and non-payment of subsistence

allowance for the period from July, 1989 to

August, 1991.

Perusal of the impugned order of the Tribunal

dated 04.05.2018 in Claim Petition No.563 of

2006 (Lal Mani Verma vs. State of U.P. and three

others) shows that in paragraph-5, the Tribunal

has noted the submissions of the petitioner

regarding non-payment of salary for the period

from 19.08.1996 to 18.10.2000 and also noted the

stand taken by the respondents but the Tribunal

has not recorded its finding on the question of

non-payment of salary. So far as the submission

raised before us regarding non-payment of

subsistence allowance for certain period from

July, 1989 to August, 1991 is concerned, we find

that no such point was pressed by the petitioner

before the Tribunal.

For the reasons afore-stated and with the consent

of learned counsels for the parties, this writ

petition is finally disposed of with a direction to

the Tribunal to decide the question of salary to

the petitioner for the period from 19.08.1996 to

18.10.2000 as noted by the Tribunal in

paragraph-5 of its order dated 04.05.2018, which

remained undecided. The aforesaid limited

question would be decided by the Tribunal in

accordance with law within three months from

the date of submission of certified copy of this

order after affording reasonable opportunity of

hearing to all the parties concerned.

It is made clear that we have not expressed any

opinion on the claim of the petitioner for salary

for the aforesaid period.

Order Date :- 29.9.2022

NLY

Digitally signed by NAND LAL

YADAV

Date: 2022.10.10 15:44:55 IST

Reason:

Location: High Court of Judicature at

Allahabad