SHAMBHU NATH SRIVASTAVA Vs. SANDHYA RANI SRIVASTAVA CHAIRMAN NAGAR PALIKA PARISHAD JAUNPUR
LAWS(ALL)-1998-7-74
HIGH COURT OF ALLAHABAD
Decided on July 28,1998

SHAMBHU NATH SRIVASTAVA Appellant
VERSUS
SANDHYA RANI SRIVASTAVA, CHAIRMAN, NAGAR PALIKA PARISHAD, JAUNPUR Respondents

JUDGEMENT

Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 13.12.1995 passed by respondent No. 1 retiring the petitioner compulsorily.
(2.) The facts, in brief, are that the petitioner was appointed on the post of Store Keeper in Nagar Palika, Jaunpur on 16.11.1968. He was confirmed in the service on 18.12.1969. The petitioner was later on attached with Shahganj Nagar Palika on 9.5.1995. There has been litigation between the petitioner and the Nagar Palika. The order of suspension was passed against the petitioner on 6.1.1975. The petitioner filed Civil Suit No. 99 of 1975 for injunction in which an interim order was granted on 8.2.1975 against which the Nagar Palika, Jaunpur, filed appeal which stood abated under Section 6 of U. P. Public Services Tribunal Act and the appeal stood transferred to the Tribunal. The said appeal was decided on merits on 11.7.1977 and was dismissed. The petitioner was not paid the amount for the period he remained under suspension. He filed Claimed Petition No. 76/11/82 before the U. P. Public Services Tribunal. The claim petition was allowed on 3.8.1988 directing the respondents to decide the petitioner's prayer for leave from 19.11.1981 to 8.2.1982.
(3.) The petitioner was not awarded any annual increment. He filed another Claim Petition No. 59/11/86. The claim petition was dismissed on 13.3.1995 but a direction was given to the effect that if increment is due, then the same shall be sanctioned to the petitioner as per rules and he shall be paid arrears thereof. This direction, according to the petitioner, was not obeyed. He filed Contempt Case No. 496 of 1995 before the Tribunal.;


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