JUDGEMENT
SHABIHUL HASNAIN, J. -
(1.) INADVERTENTLY , while deciding the writ petition finally on 3.8.2010, in the operative part of the judgment, 'writ petition is, thus, allowed' could not be transcribed. The order has been corrected as under:-
Heard Sri R.K. Chaudhary, learned Counsel for the petitioner and the learned standing Counsel.
The petitioner was appointed as Lekhpal in the year 1972. The petitioner was given officiating charge on the post of Land Record Inspector, which was later on known as Land Revenue Inspector on 30.10.1990. He was reverted to his substantive post in the year 1991 as one regularly selected Land Revenue Inspector was transferred to the place where the petitioner was given officiating promotion. The petitioner filed the writ petition No. 4045 (SS) 1991 in July, 1991, in which interim order was passed on 22.7.1991. In pursuance of the interim order, the petitioner was allowed to function and discharge the duties on the post of Land Records Inspector and he was also paid salary of the said post. The writ petition was finally allowed quashing the impugned order of reversion. The petitioner attained the age of superannuation on 31.12.2003. Till his retirement, he was paid the salary of Land Record Inspector as per interim order issued by this Court.
(2.) THE State filed the special appeal No. 271 of 2007 (SB), in this matter. The special appeal was dismissed on 16.4.2009 by a Division Bench of this Court, copy of which has been placed before us and it is taken on record.
It has been alleged by the petitioner that the post retiral benefits have been calculated and paid to the petitioner treating him to be retired from the substantive post of Lekhpal and this order has been challenged in the present writ petition.
(3.) IN view of the facts stated above, following points are clear:-
(1) That the interim order was passed staying the reversion of the petitioner; (2) The petitioner continued to work and paid salary of the post of Land Revenue Inspector on the strength of the interim order till his date of superannuation; (3) The writ petition was finally allowed; (4) The special appeal filed by the State against final order in the writ petition, has been dismissed; ;
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