G.C. Mital, J. - (1.) While the petitioner was working as a clerk with the State of Haryana, Transport Department, he was placed under suspension on 11th Oct., 1968, on the registration of a criminal case against him under sections 363, 366 and 376, Indian Penal Code. He was convicted by the criminal Court by order dated 3rd Feb., 1971, and thereafter, by order dated 26th April, 1971, copy annexure P - 2, he was dismissed from service due to his conviction by the criminal Court. The petitioner filed Criminal Appeal No. 185 of 1971 in this Court against his conviction which appeal was allowed on 21st March, 1973, and the petitioner was acquitted of the charge. Thereafter, he was reinstated by order dated 20th June, 1973, copy annexure P - 3. After he joined the duties, he made representation dated 25th June, 1973, for payment of all arrears but he received reply dated 16th Oct., 1973, copy annexure P - 4, saying that he was entitled to arrears only for a period of thirty eight months. The petitioner filed a fresh representation dated 2nd Jan., 1974, copy annexure P - 5, for grant of full salary and arrears, in which he stated that in case he was not paid the same, he would be constrained to take legal steps. Since nothing was paid to him, he filed the present writ petition in this Court on 18th May, 1974.
(2.) In the written statement what has been stated in relevant paragraphs 6 and 9 is that the petitioner is only entitled to arrears for a period of three years and two months, which claim is within limitation and the remaining claim is time barred.
(3.) After hearing the counsel for the parties, I find that whole of the claim of the petitioner was well within time as the limitation of three years and two months would start at the earliest from the date his dismissal was set aside and he was ordered to be reinstated, which in this case is 20th June, 1973. This view finds support from the Full Bench judgment of this Court in Divisional Superintendent, Northern Railway, Delhi Division Vs. Mukand Lal A.I.R. 1957 Pb. 130 , and the latest Supreme Court decision in Maimoona Khatun and another Vs. State of U. P and another, A.I.R. 1980 S.C. 1773.;