STATE OF U.P. v. MOHINUDDIN KHAN (DEAD) THR. LRS

IN THE SUPREME COURT OF INDIA

CIVIL APPEAL NO. OF 2024 (Arising out of SLP (C) No. 2773 of 2021)

1. Leave granted.

2. The present appeal is filed by the appellants being aggrieved

by the order dated 17.09.2020 of Allahabad High Court whereby the

Division Bench disposed of the appeal against the appellants.

3. Briefly put, after a revolt by Provincial Armed Constabulary

(hereinafter referred to as ‘PAC’), appellants had decided to terminate

the service of those constables who participated in the revolt. The

predecessor in interest of the respondent (for short “deceased

employee”) being a constable in PAC participated in the said revolt.

By a common order dated 22.11.1973, the services of all the

participant employees including the deceased employee were

terminated. In case, the service of the deceased employee would not

have been terminated, he might have superannuated on 30.06.1997.

4. From record, it reveals that after almost twenty-five years from

the date of termination, deceased employee filed a Civil Misc. Writ

Petition No. 43528/1998 challenging his termination. The Single

Bench vide order dated 08.09.1999 disposed of the writ petition in

the following terms:

“The writ petition finally disposed of with the direction that in case the petit...