Case Note & Summary
The appellant, Radhey Shyam Pandey, was appointed as a IIIrd grade clerk in 1963 and later confirmed as IInd grade clerk in 1969. He was appointed as a stenographer on an ad-hoc basis in 1969 but reverted to clerk in 1973. He worked as a stenographer from 1976 to 1987 but was paid only as a clerk. The Administrator appointed him as stenographer with retrospective effect from 1975, but arrears were not paid. The U.P. Public Service Tribunal allowed his application for arrears. The Kanpur Development Authority challenged this in the High Court, which set aside the Tribunal's order on the ground that the State Government, being the appointing authority under Section 5-A of the Uttar Pradesh Urban Planning and Development Act, 1973, was not impleaded. The Supreme Court, hearing the appeal, noted that the High Court's decision was based solely on non-joinder. It set aside the impugned order, directed impleadment of the State Government, and remitted the matter to the High Court for fresh consideration, requesting early disposal within six months.
Headnote
A) Service Law - Necessary Party - Non-Joinder - Remand - The High Court set aside the Tribunal's order directing payment of arrears of salary to the appellant on the ground that the State Government, being the appointing authority, was not impleaded as a party. The Supreme Court held that the High Court's order was based solely on non-joinder and set aside the impugned order, directing impleadment of the State Government and remitting the matter for fresh consideration. (Paras 5-7)
Issue of Consideration
Whether the High Court was justified in setting aside the Tribunal's order solely on the ground of non-joinder of the State Government as a necessary party.
Final Decision
The Supreme Court set aside the High Court's order, directed impleadment of the State of Uttar Pradesh as third respondent, and remitted the matter to the High Court for fresh consideration, to be disposed of preferably within six months.
Law Points
- Necessary party
- Non-joinder
- Remand
- Service law
- Arrears of salary
Case Details
2019 lawtext (SC) (7) 116
Civil Appeal No(s). 10208 of 2010
R. Banumathi, A.S. Bopanna
Shrish Kr. Misra for appellant, Reena Singh for respondent
Kanpur Development Authority
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Nature of Litigation
Civil appeal against High Court order setting aside Tribunal's order for non-joinder of necessary party.
Remedy Sought
Appellant sought arrears of salary as stenographer and consequential benefits.
Filing Reason
Appellant was appointed as stenographer with retrospective effect but not paid arrears; Tribunal allowed his claim; High Court set aside order on ground of non-joinder of State Government.
Previous Decisions
U.P. Public Service Tribunal allowed appellant's application for arrears; High Court set aside Tribunal's order.
Issues
Whether the High Court was justified in setting aside the Tribunal's order solely on the ground of non-joinder of the State Government as a necessary party.
Submissions/Arguments
Appellant argued that he worked as stenographer but was paid as clerk.
Respondent argued that services were centralized under Section 5-A of the 1973 Act and State Government was necessary party.
Ratio Decidendi
The High Court's order was based solely on non-joinder of a necessary party; hence, the proper course is to allow impleadment and remand for fresh consideration rather than dismissing the claim.
Judgment Excerpts
The High Court vide impugned order set aside the order of the Tribunal mainly on the ground that the services of the appellant as stenographer were centralised one and the State Government being the appointing authority, has not been impleaded as party.
Since the High Court set aside the order of the Tribunal mainly on the ground that the State Government has not been impleaded as a party in the proceedings, the impugned order is set aside and the appeal is allowed.
Procedural History
Appellant appointed as clerk in 1963, confirmed in 1969, ad-hoc stenographer in 1969, reverted to clerk in 1973. He worked as stenographer from 1976 to 1987 but paid as clerk. Administrator appointed him as stenographer retrospectively from 1975. Tribunal allowed his claim for arrears in 1991. Kanpur Development Authority filed writ petition; High Court set aside Tribunal's order in 2010. Appellant appealed to Supreme Court.
Acts & Sections
- Uttar Pradesh Urban Planning and Development Act, 1973: Section 5-A
