Sudhir Agarwal, J. - (1.) HEARD Sri Pratik J. Nagar, Advocate for petitioner and Sri Ashish Mishra, counsel for respondents. Since pleadings are complete, as requested and agreed by learned counsel for the parties, I proceed to hear this matter so as to decide at the admission stage under Rules of the Court.
(2.) THE petitioner is a class III employee in District Judgeship, Rampur. He was appointed as Copyist on 1.8.1987 and was shifted in copying section in July, 1989. On certain charges of manipulation in judicial record, disciplinary proceedings were commenced against him. He was placed under suspension on 25.5.1992. Initially, a charge -sheet was issued on 7th April, 1993 but the same was replaced by another charge -sheet dated 1.3.1997. Inquiry was conducted by Sri A.K. Rastogi, Special Judge (NDPS Act), Rampur and he submitted report dated 16th of July, 2013, recording his findings that the charges are not proved against petitioner. The District Judge, Rampur, taking a dissenting view with the Inquiry Officer's report dated 16.7.2013, however, by order dated 16th of July, 2003 remanded this matter for further inquiry, appointing Sri S.K. Pandey, Additional District Judge, Court No. 2, Rampur as new inquiry officer by order dated 1.9.2003. Subsequently, Sri S.K. Pandey having been transferred, inquiry was conducted by Smt. Pratibha Khanna, Additional District Judge, Rampur and she submitted report dated 22.2.2007 holding the petitioner and few others guilty of charges No. 1 and 2. Consequently, Sri Narendra Kumar Jain, the then District Judge, Rampur issued a show -cause notice dated 7.9.2007 to the petitioner proposing punishment of dismissal. Petitioner submitted his representation dated 15.9.2007 against the aforesaid notice. Thereafter, a punishment order was passed on 20th September, 2007 by then District Judge, Rampur, Sri Narendra Kumar Jain, dismissing petitioner from service.
(3.) AGGRIEVED thereto, petitioner preferred an appeal before Administrative judge under Rule 7(2)(b) of the U.P. Subordinate Courts Staff (Punishment and Appeal) Rules, 1976 (hereinafter referred to as Rules) vide memo of appeal dated 22.11.2007. This appeal was decided by Administrative judge vide order dated 28.3.2011. The dismissal order was set aside but the Appellate Authority directed that petitioner shall not be paid back wages from 1992 to 2007. Order of Appellate Authority was communicated to petitioner vide Joint Registrar's letter dated 12.7.2011. Consequently, the District Judge passed order dated 19th of July, 2011 reinstating petitioner in service but without any benefit of arrears of salary etc. The petitioner, in fact, was reinstated on the vacant class ?III post in the pay scale of Rs. 950 -1500/ - (Revised 5200 - 20000, Grade Pay 19000). It is this appellate order as also the consequential order, which are assailed in this writ petition. It is also stated that against the order denying back wages, petitioner made a representation but the same has also been turned down by Administrative Judge as communicated to the petitioner vide this Court's letter dated 2.7.2012.;