- (1.) This appeal is directed against order dated 5.2.2010 passed by the Division Bench of the Delhi High Court whereby the civil miscellaneous application filed by the appellant in Writ Petition No.3902/2008 for issue of a direction to the respondents to pay him salary for the period between 5.11.2003 and 24.1.2006 was dismissed.
(2.) While he was holding the post of Post Graduate Teacher (Chemistry) in Kendriya Vidyalaya Sangathan (for short, 'KVS'), the appellant's services were terminated by the Commissioner, KVS under Article 81 (b) of the Education Code. CWP No.3354 of 1994 filed by the appellant was allowed by the learned Single Judge of the Delhi High Court vide order dated 19.9.1994 and the termination of his service was quashed. The operative portion of that order reads as under: "In the result I allow the writ petition, quash the order of dismissal dated February 11, 1988 and direct that the petitioner shall be reinstated in service forthwith with all consequential benefits from the date of his dismissal. Needless to say it would be open to the respondents, if so advised, to proceed against the petitioner afresh as per the Rules of the Education Code."
(3.) LPA No.116/1994 filed by the respondents was dismissed by the Division Bench of the High Court. Thereafter, the Commissioner, KVS passed order dated 3.10.2000 for reinstatement of the appellant with a stipulation that the period during which he had not worked, i.e., from 11.2.1988 to the date of joining the duty shall be treated as 'dies-non'.;