Disposed

Anek Pal Singh Rathore v. State of U.P. and 3 Others

Allahabad HC30 Oct 2023WRIA/18153/2023

Case brief

AI extract

What is this about?

A AHC order where a petitioner suspended in 2011 saw his punishment order set aside by appellate authority in 2023. The court directed employment authorities to dispose of pending representation for pay fixation, seniority, and promotion expeditiously within two months, hearing the petitioner. The writ petitions were disposed of.

What did the court decide?

Directions given to authorities to dispose of pending representation for pay fixation, seniority, and promotion within two months with opportunity of hearing.

Anek Pal Singh Rathore Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:206515

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Court No. - 34

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Case :- WRIT - A No. - 18153 of 2023

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Petitioner :- Anek Pal Singh Rathore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- CSC

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Hon'ble Ajit Kumar,J.

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Heard Sri Siddharth Khare, learned counsel for the petitioner as well as learned Standing Counsel for the State.

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Both the petitioners are heard and decided together as they involve same issue.

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Petitioner, who was working as Gram Vikas Adhikari, was placed under suspension in the year 2011 in contemplation of an enquiry. Ultimately he was visited with a final punishment order passed on 19.06.2019 in which following punishments were imposed:

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1- शशसककयकशयरककपततलशपरवशहहवअतनयतमतकशयरशशलहकककमममतनषश ससतदगधककजशतहहश।

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2- ससचयहपभशवसकआगशमह 6 (छक) वकतनबबतदयशसथशयहरपसकररककजशतहहश। 3- शशसककयधनरशतशमम० 8,34,530-00 (आठलशखचचतहसहजशरपशपचसच तहसर०) ककगबन /दमतवरतनयरजजतधनरशतशककबससलहअवशकषसकवशअवजध 05 वषर 07 मशहमममम० 11,000 (गयशरशहजशरर०) पततमशहककदरसककमल 67 (सरसठ) तकसतरमममम० 733000-00 (सशतलशखतशतहसहजशरर०) तथश शकषधनरशतशककबससलहसकवशतनवबजतककदकयककसकककजशयकगह।शशसककय धनरशतशककगबनककबससलहमशहजसन 2019 ककवकतनसकककजशयकगह।

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4- शहअन क पशलजससहरशठचर, गश०तव०अ०करतनलमबनककततजथककपसवरमशह जसतमबर 2011 करपशपवकतनपकमममसथशयहरपसकरखतकहहएसवकतनबहशल तकयशजशतशहश।

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The matter ultimately traveled to this Court at the stage of appeal and therefore, the Court directed that the appeal and stay application of the petitioner be disposed of in accordance with law, the matter was disposed of on 07.05.2022. The appellate authority accordingly proceeded to decide the pending appeal of the petitioner and ultimately allowed the appeal vide order dated 03.03.2023 in following terms:

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जजलशतवकशसअजधकशरह, बदशयसपकशआदकशससखयश 436/सथश०-02/ जशसच/ 2019-20 तदनशसक 19.06.2019 ततकशलपभशवसकतनरसततकयशजशतशहश तथशअपहलशथरकरएकपककक अनदरउसकक उकआदकशतदनशसक 19.06.2019 कककमममररककगयकसमसतदकयकककशतनयमततभमगतशनकरशकर अधरहसतशकरहकरअवगतकरशनशसमतनशशचतकरम।

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जजलशतवकशसअजधकशरह, बदशयसपकरआदकतशततकयशजशतशहशतकवहभतवषय मकयहसमतनशशचतकरशएसतकलशमबतअनमशशसतनककशररवशईयशसशशसनदशरश समयसमयपरतनगरतसमससगतशशसनशदकशकममतनतहतपशतवधशनकककअनमरप ससमयतनसतशररतकरशयहजशएसतशतकतकसहसरकशरहसकवककरआजथरकएवस मशनजसककततनपहहपचकवउसकअनशवशयकरपसकमशननहयनयशयशलयककशरण ममनजशनशपडक।

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उकआदकशततकशलपभशवहहकगक।

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From the perusal of the aforesaid quoted operative portion of the orders of punishment dated 19.06.2019 and that of the appellate authority dated 03.03.2023 it clearly transpires that the punishment order dated 19.06.2019 was set aside by the appellate authority and thus, petitioner became entitled to all the consequential benefits since the year 2011 when he was placed under suspension and so also the restoration of his seniority and also promotional benefits at par with those juniors who have stood promoted in the meantime.

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In view of the above, petitioner wants that his representations dated 29.04.2023 and 15.07.2023 in which petitioner has prayed for several benefits of pay scale, fixation etc. and also promotional benefits, may be directed to be disposed of in accordance with law.

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Learned Standing Counsel does not have any objection to the above request to the count that it may be directed to be disposed of strictly in accordance with law.

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In view of the above, both the petitions stand disposed of with direction that the petitioner's pending representations dated 29.04.2023 and 15.07.2023 shall be disposed of as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order giving opportunity of hearing to him and considering the fact that the appellate authority has already set aside the order of punishment dated 19.06.2019. The decision to be taken shall be well informed one.

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Order Date :- 30.10.2023 IrfanUddin

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Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad

Anek Pal Singh Rathore v. State of U.P. and 3 Others

Case brief

What is this about?

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Anek Pal Singh Rathore v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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