- (1.) BY means of the present writ petition, the petitioner has sought a writ of mandamus commanding the respondents to grant him benefit of selection grade, promotional pay scale in compliance of the judgment dated 24.05.2014 passed in Writ Petition No.294(S/B) of 2000 and also entire arrears of salary and consequential retiral benefits along with interest at the rate of 18%.
(2.) THE facts giving rise to the present petition are as under:
(3.) THE petitioner was appointed as Collection Amin in the year 1957. He was suspended on 30.06.1982. A charge sheet was issued on 30.06.1982 containing four charges alleging that the petitioner is guilty for misconduct of dereliction of duty, doubtful integrity, lack of devotion of duty and embezzlement of the amount collected from defaulters, in exercise of his duty as Collection Amin. On completion of departmental enquiry, which was conducted ex parte, observing that petitioner did not respond to the charge sheet by submitting reply, the District Magistrate, Gorakhpur who is disciplinary authority of the petitioner, passed an order of punishment of dismissal on 03.10.1982. Petitioner's appeal against the dismissal order was dismissed by Commissioner, Gorakhpur vide order dated 07.09.1983. The petitioner thereafter preferred revision before Board of Revenue, which too, was rejected as communicated by Joint Secretary of Board of Revenue to the Commissioner vide letter dated 14.05.1985. Aggrieved thereto, petitioner assailed dismissal order and consequential appellate order before the U.P. Public Services Tribunal (hereinafter referred to as 'the Tribunal') in Claim Petition No.225/I/1986. The claim petition was dismissed by Tribunal vide judgment dated 19.11.1997 whereagainst petitioner preferred Writ Petition No.294(SB) of 2000, wherein, a Division Bench of this Court held that enquiry report was submitted without fixing any date for oral inquiry and without giving any opportunity to defend, hence the entire proceedings are illegal. Vide judgment dated 24.05.2004, the Court quashed the order of punishment dated 03.10.1982 as also the judgment of Tribunal. Operative part of the judgment reads as under: "We, therefore, quash the impugned order of punishment dated 3.10.1982 and the order dated 19.11.1997 passed by the Tribunal. Since the petitioner has retired from service about 14 years back, there is no occasion for this court to order of holding a fresh enquiry. The petitioner would be entitled for all consequential benefits, as such. The petition is allowed. No order as to costs." Since the petitioner was not granted all consequential benefits, hence he preferred a Contempt Petition No.1381(C) of 2005, in which, notices were issued and thereafter the District Magistrate, Gorakhpur passed an order for payment of arrears of salary for the period of October 1982 to July 1989. Since the petitioner attained age of superannuation in July 1989, therefore, arrears of salary was paid till date of retirement of petitioner. Subsequently, retiral benefits were also paid.;