ANIL KUMAR,J. - (1.) BY means of present writ petition the petitioners have challenged the order dated 09.09.1996 passed in Claim Petition No.128/F/V/1987, Sageer Hussain Vs. State of U.P. and another and also the order dated 18.12.1996 passed in review petition passed by the State Public Service Tribunal, U.P., Indira Bhawan, Lucknow (tribunal).
(2.) SHRI Sageer Hussain, respondent no.1 to the present writ petition (hereinafter referred as 'respondent') was appointed as constable in September, 1984 in Pradeshik Armed Constabulary (P.A.C.) while he was working on the said post by means of order dated 23.1.1987 passed by the Commandant, 43rd Batallion Pradeshik Armed Constabulary (Vishesh Sewa), Etah his services were terminated. The said order was challenged by him before the Tribunal by means of Claim Petition No.128/F/V/1987, Sageer Hussain Vs. State of U.P. and others, the same was allowed by order dated 9.9.1996 with the following directions: "This claim petition is allowed. The impugned order of termination dated 23.1.1987, whose copy is annexed 1, is quashed. Petitioner shall be deemed to be in continuous service with all consequential benefits of pay and allowances etc. But he will not be entitled to back wages. No order is made as to costs."
(3.) THEREAFTER the respondent filed a review petition against the judgment of tribunal dated 9.9.1996 claiming that he was entitled for the back wages. The said review petition was allowed by order dated 18.12.1996 by the tribunal with the following directions:- The review application is allowed. The portion of order dt. 9.9.96 that " But he will not be entitled to back wages" shall be deleted from the order and the last portion of the order dt. 9.9.96 will read as under: "Petitioner is entitiled to get arrear of back wages according to rules. No order is made as to costs" ;