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2025 DAILYLAW 40170 (ALL)

GHURAHOO PRASAD v. STATE OF U.P. AND OTHERS

WRIA/15530/2010 · 2025-09-17

Saurabh Shyam Shamshery

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15530 of 2010 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ganesh Datt Mishra, learned counsel for petitioner and Sri Ashok Kumar Tiwari, learned counsel for respondents. 2. The Court takes note that petitioner has admittedly not worked from 15.11.1999 to 21.01.2003. The order of termination dated 15.11.1999 was set aside by an order dated 20.01.2003 passed by Administrator, Nagar Panchayat, Siswa Bazar, Maharajganj with a direction that no salary will be paid for the period under termination. Admittedly, said part of the order was not challenged and instead the petitioner has filed a writ petition No.78062 of 2004 before this Court that his representation for back wages be considered. Petition was disposed of by an order dated 25.02.2004 with a direction to consider his representation. 3. The representation filed in pursuance of above order was rejected by an order dated 09.02.2006 on principle of 'No Work No Pay' . 4. Learned counsel for respondent has not disputed that petitioner was reinstated by an order dated 20.01.2003. He further submits that as consequence of order of reinstatement, entitlement of back wages is not automatic and it was denied also, which was not challenged. 5. I have considered the above submissions and taking note of a judgment passed by Supreme Court in Allahabad Bank and others Vs. Avtar Bhushan Bhartiya, (2022) 13 SCC 202 that in such cases, a lump sum amount could be paid towards back wages and since in present case the period is about 3 years, therefore, this writ petition is disposed of with a directon that petitioner will be granted 50% of basic salary of aforesaid period i.e. from 15.11.1999 to 21.01.2003. Versus Counsel for Petitioner(s) : Gaurav Mishra, Krishna Kant Singh Counsel for Respondent(s) : Ashok Kumar Tiwari, Hari Pratap Gupta Ghurahoo Prasad .....Petitioner(s) State of U.P. and Others .....Respondent(s) 6. The order is passed not only in the interest of justice, but also that this writ petition is finally decided after 15 years. The Court also ignores that part of order dated 20.01.2003, whereby back wages was denied was never challenged. September 18, 2025 P. Pandey WRIA No. 15530 of 2010 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad