CANTONMENT BOARD AGRA Vs. UNION OF INDIA
LAWS(ALL)-2015-1-166
HIGH COURT OF ALLAHABAD
Decided on January 16,2015

RAM CHANDRA Appellant
VERSUS
Chairman U P Power Corporation Respondents

JUDGEMENT

VIJAY LAKSHMI, J. - (1.) THIS intra court appeal has been preferred against the judgment and order dated 5.11.2014 whereby the writ petition filed by the petitioner/appellant has been dismissed.
(2.) THE brief facts giving rise to this appeal are that the appellant was appointed as a driver with respondent -corporation U.P.S.E.B. by the order dated 23.3.1977 of the then Executive Engineer. However, his service alongwith services of some other employees were subsequently terminated on 17.11.1979. Aggrieved by the order of termination the Bijli Karmchari Sangh including the appellant filed writ petition no. 1642 of 1979 which was allowed by the Division Bench of this Court on 27.09.1989 and the following order was passed : "In view of the above these writ petitions are allowed and the impugned orders passed by the opposite parties terminating the service of the petitioners are quashed. The petitioners would be treated in the service with effect from the date when their services were terminated illegally and they are also entitled to the consequential benefits. No order as to costs."
(3.) ACCORDING to the petitioner/appellant the aforesaid order was not complied with by the concerned authorities. The petitioner filed Contempt Petition No. 79 of 1992 which was dismissed on ground of delay. In pursuance of the order of this Court the appellant was reinstated in service in the year 1992 but he was reinstated on the post of a Coolie and not as a driver. However, on 2.1.1997 he was promoted to the post of driver where he is still working. Being aggrieved the appellant filed another Writ Petition No. 71770 of 2005 claiming his back -wages for the period falling between 17.11.1979 till the date of his promotion to the post of driver i.e. 2.1.1997. The aforesaid writ petition was disposed of by this Court directing the respondent -corporation that in case the petitioner files a fresh comprehensive representation before the General Manager, U.P. Power Corporation Ltd, the same shall be decided by the said respondent expeditiously preferably within a period of 3 months.;


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