STATE OF U.P. vs AJANTI LAL - 2024-01-03

O R D E R

1. Delay condoned .

2. Heard Ms. Ruchira Goel learned counsel appearing for th e petitioner(s) .

3. Representing the State of U.P., the counsel submits tha t the present matter pertains to a Member of the Provincial Arme d Constabulary who were involved in the group mutiny in the yea r 1973. Following that the service of the respondent was terminate d on 23.08.1973 .

4. After his acquittal, the respondent was re-instated i n service on 27.09.2010. However, the direction issued by the Hig h Court in the second round of litigation ordering payment of arrear s salary to the respondent who was already superannuated from servic e on 30.11.2012, is the subject matter of challenge in the presen t special leave petition .

5. The learned counsel would submit that this Court in th e “State of U.P. vs. Mahindra Nath Tiwari” reported in (2010) 2 SC C 252 had clearly held that the decision dated 26.09.1997 in the W.P . No. 46061 of 1998 filed by the Vijay Bahadur Singh would no t entitle back wages, for the re-instated PAC Constable .

6. Ms. Goel would then cite the endorsement by a thre e Judges Bench of this Court on 08.10.2014 (Annexure P-18) on th e aforesaid view taken by this Court in Mahindra Nath Tiwari (supra ) in so far as dis-entitlement to back wages of the re-instated PA C Constable, is concerned .

7. It is accordingly argued that although the judgment i n Mahindra Nath Tiwari (supra) was pressed before the Division Bench , the High Court mechanically followed the judgment in SLP(C) No . 15220 of 2012 (Annexure P-11) in “State of U.P. & Ors. vs. Lalla n Shukla”. The State counsel would contend that granting of bac k wages for those who never rendered any service, is wholl y unjustified and it would place an unnecessary financial burden o n the State exchequer .

8. Issue notice, returnable in four weeks .

9. In the meantime, back wages need not be disbursed i n pursuance of the impugned judgment dated 03.07.2023 .

(NEETA SAPRA) (KAMLESH RAWAT )

COURT MASTER (SH) ASSISTANT REGISTRA R