Bheem Sen (Dead) Thr. Lrs vs. Moti Lal Nehru Inter College

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Digitally signed by Narendra Prasad Date: 2015.12.17 16:49:54 IST Reason:

Signature Not Verified

By our order dated 16th July, 2014, we issued limited notice for the purpose of considering the petitioner's claim for terminal benefits alone apart from lump sum payment of Rs. 50,000/- (Rupees Fifty thousand) awarded by the High Court.

UPON hearing counsel the Court made the following

For Petitioner(s) Mr. S.D. Singh, Adv. Ms. Bharti Tyagi, A.O.R. Ms. Minakshi Vij, A.O.R.

For Respondent(s) Mr. Manish Shankar Shrivastava, Adv.

HON'BLE MR. JUSTICE AMITAVA ROY

CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA

O R D E R

MOTI LAL NEHRU INTER COLLEGE Respondent(s)

(With office report) Date : 14/12/2015 This petition was called on for hearing today.

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 18992/2014

(Arising out of impugned final judgment and order dated 28/01/2014 in WC No. 42027/2005 passed by the High Court of Judicature at Allahabad)

BHEEM SEN Petitioner(s)

VERSUS

S U P R E M E C O U R T O F I N D I A

SLP(C) No. 18992 of 2014

ITEM NO.53 COURT NO.6 SECTION XV

conviction by the Court. It is not in dispute that the conviction came to be set aside by the Appellate Court by the judgment dated 15th July, 1998 in Criminal Appeal No. 316 of 1980. Though the conviction was set aside, the Labour Court while holding that the petitioner was entitled for reinstatement took the view that he was not entitled for backwages. The High Court having affirmed the said Award, however, granted a lump sum payment of Rs. 50,000/- (Rupees Fifty thousand) taking into account the fact that the petitioner ultimately reached his age of superannuation on 31st March, 2005.

Having considered the said fact, we also heard counsel for the respondent who has filed counter affidavit, wherein while referring to various other aspects relating to the grounds under which the non-employment of the petitioner occurred, it is stated that the petitioner had completed 17 years of service before he was taken into police custody and that as per the provisions of U.P. Intermediate Act, he would be entitled for terminal benefits including pension etc. only after completion of 20 years of service. It was, therefore, contended

that the petitioner is not entitled to claim terminal benefits after he reached the age of superannuation on 31st March, 2005.

While dealing with the said stand of the respondent, it must be stated that once the conviction of the petitioner was set aside by the High Court in Criminal Appeal No. 316 of 1980 by the judgment and order dated 15th July, 1998 which became final and conclusive, the whole basis on which the termination order came to be issued gets wiped out. In such circumstances, the petitioner should be deemed to have been in service from the date of his termination namely, 23rd January, 1980 till he reached the age of superannuation namely, 31st March, 2005. If that is the legal consequence by virtue of the setting aside of the conviction by the Appellate Court, even though as has been held by the Courts below that the petitioner will not be entitled for backwages, he should be held to be entitled for the terminal benefits including pension inasmuch as, he would be duly complying with the requirement of completion of 20 years of service under the provisions of U.P. Intermediate Act.

We thus declare the said legal position and hold that the respondent should settle the terminal benefits of the petitioner by holding that he was entitled for continuity of service right from the date of his employment till the date of his superannuation namely, 31st March, 2005.

On that basis all the terminal benefits including pension should be settled and final orders should be passed within three months from the date of communication of this order. We also direct the statutory authority to duly comply with the said direction by granting appropriate permission to the respondent.

The Special Leave Petition stands disposed of on the above terms.

[KALYANI GUPTA] COURT MASTER

[SHARDA KAPOOR] COURT MASTER