Devendra Kumar Arora, J. - (1.) BY means of W. P. No. 340 (SB) of 2000 (State of U.P. and Ors. v. R.C. Sharma) the Petitioner (State) has challenged the judgment & order of the learned Tribunal dated 12.8.1999 by which claim petition No. 420 of 1994, R.C. Sharma v. State of U.P. and Ors. was allowed and the decision of the State Government to initiate the disciplinary proceedings and to issue charge sheet against the Respondent dated 17.9.1993 and 10.9.1994 along with charge sheet were quashed with further directions that the decision of the State Government for initiation of the disciplinary proceedings and to issue charge sheet against the Petitioner (herein Respondent) will not adversely affect in any manner of his service matters whatsoever and he shall be entitled for the consequential service benefits as per rules as he has already retired on 30.4.1999; and by means of Writ Petition No. 222 (SB) of 2002 (State of U.P. and Ors. v. Ramesh Chandra Sharma and Anr.) the State Petitioner has challenged the judgment & order of the learned Tribunal dated 07.8.2001, passed in Claim Petition No. 226 of 2000, R.C. Sharma v. State of U.P. and Ors. by which claim petition was allowed and the opposite parties were directed to make payment of withheld retiral benefits of the Petitioner (herein Respondent) along with 18% per annum interest upon the arrears of retiral benefits from the due date up to the actual payment. It was also held that the Petitioner (herein Respondent ) would also be entitled for interest @ 18% per annum on the amounts which have been paid to him much after his retirement from the date of actual payment up to the date of its disbursement. The said judgment & order was directed to be complied with by the opposite parties within three months from the date of receipt of certified copy of the judgment & order.
(2.) SINCE common facts are involved in both the writ petitions and are against the same Respondent, both are being considered and decided together. Facts of the case, in nutshell, are that initially the Respondent was appointed as Assistant Engineer and he was promoted to the post of Executive Engineer on 01.9.1988. During the year 1993 -94 when the Respondent was posted as Executive Engineer in Hardoi Sharda Nahar Khand, departmental proceedings were initiated against him vide letter dated 17.9.1993 and 10.9.1994 regarding the irregularities committed in the work of cleaning of various drains during the year 1991 -92 and charge sheet was issued against him. Being aggrieved, the Respondent approached State Public Services Tribunal, Lucknow (hereinafter referred to as 'Tribunal') by way of filing claim petition No. 420 of 1994 with the prayer for quashing the decision taken by the State Government for initiating the disciplinary proceedings as well as of charge sheet. The learned Tribunal allowed the claim petition vide order dated 12.8..1999 and quashed the decision of State Government regarding initiation of disciplinary proceedings as well as charge sheet and further directed that the decision of the State Government for initiating the disciplinary proceedings and to issue charge sheet will not affect adversely the Respondent and he will be entitled for all consequential benefits as per rules, since he had retired on 30.4.1999. Being aggrieved, the Petitioners (State) preferred Writ Petition No. 340 (SB) of 2000 before this Court challenging the judgment & order passed by the learned Tribunal. This Court vide order dated 07.3.2000 stayed the operation of impugned judgment & order dated 12.8.1999 till filing of counter affidavit.
(3.) THE opposite party No. 1, after his retirement, was paid only Earned Leave Encashment amount with Group Insurance but he was not paid regular pension, commutation of pension, final gratuity etc. as disciplinary proceedings and charge sheet became operative due to stay of operation of judgment & order dated 12.8.1999, passed in claim petition No. 420 of 1994. However, opposite party No. 1 was paid provisional pension.;