U.K.DHAON, D.K.ARORA, JJ. - (1.) HEARD the learned standing counsel for the petitioners and Sri Chandra Bhushan Pandey, learned counsel for the respondent No. 1.
(2.) BY means of the present writ petition, the petitioners assailed the judgment and order dated 16.12.1992 (Annexure-1 to the writ petition) passed by the U. P. Public Services Tribunal-V, Lucknow in Claim Petition No. 388/V/1981, Krishna Nand Upadhyaya v. State of U. P. and another. The U. P. Public Services Tribunal by means of the impugned judgment while partly allowing the claim petition quashed the dismissal order dated 24.4.1976 with a further direction to the Superintendent of Police, Lakhimpur Kheri to pass specific orders about the pay and other allowances that might be payable to the respondent No. 1/claimant for the period 3.10.1975 to 24.7.1981, a further liberty has been given to take fresh disciplinary proceedings in accordance with law against the respondent No. 1/claimant and pass suitable orders. The brief facts of the case are that the respondent No. I/claimant was appointed as Paid Apprentice Clerk in district Gonda in the year 1964 and subsequently he was appointed as Clerk in Regular and clear vacancy in Police Wireless in the year 1966. He was transferred from time to time to various places. In the month of July, 1975 he was transferred from Lucknow to Lakhimpur Kheri as A.S.I. (M) in the office of Superintendent of Police, Lakhimpur Kheri.
(3.) AS per the respondent No. 1/claimant, he fell ill at Gorakhpur and remained on leave for the period 3.10.1975 to 24.7.1981 and his leave applications were sent either by 'under postal certificate' or by registered post. When the respondent No. 1/claimant submitted his joining report on 25.7.1981 the office of the Superintendent of Police, Lakhimpur Kheri did not allow to join and perform his duties, the respondent No. I/claimant feeling aggrieved against non-accepting of his joining report preferred a Claim Petition No. 388/V/1981 before the U. P. Public Services Tribunal, under Section 4 of the U. P. Public Services Tribunal Acts, 1976 with the following prayer: "The Hon'ble Tribunal be pleased to direct the opposite parties to accept the joining report dated 25.7.1981 and pay the salary to the claimant and also regularize the leave period with all the benefits of pay and allowances of the post. Any other relief which the Hon'ble Tribunal deem fit and proper in the case be awarded in favour of the claimant." ;