- (1.) This L.P.A arises out of order dated 1.6.2011 passed by learned Single Judge in CWP No. 2131 of 2011.
(2.) Briefly speaking the facts relevant for the purposes of this appeal are that appellant was convicted for offences under Sections 279, 338 IPC by the trial court vide judgement dated 28.4.1997. A criminal appeal filed against the order of conviction also came to be dismissed vide order dated 3.4.1998. Criminal Revision No.384 of 1998 stands allowed vide order dated 3.2.2010 and conviction and sentence of the appellant has been set aside. Appellant was ordered to be dismissed from service vide order dated 10.9.2008 on account of his conviction under sections 279, 338 IPC. As a consequence of his acquittal in criminal revision, appellant stands reinstated vide order dated 26.11.2010. The relevant extract from the order reads as under:- "I hereby set aside the order of dismissal dated 10.9.2008 passed by the GM, HR, Kurukshetra and order him to be taken back into service with immediate effect with continuity of service for pension and such like purposes. As far as the period during which Sh. Ishwar Singh remained out of service is concerned, he is not entitled for back wages in view of the judgement dated 28.10.1996 passed by the Apex Court in SLP ) No.22538 of 1996 reported in Ranchhodji Chaturjit Thakore Vs. S.E. Gujarat Electricity Board, 1997 AIR(SC) 1802 (page 713, Vol.15)"
(3.) The appellant is aggrieved of the stipulation in the order, whereby he has been deprived of the back wages. By virtue of the aforesaid order appellant is not entitled to salary for the period from 10.9.2008 to 30.11.2010. Appellant accordingly filed CWP No. 2658 of 2010 which has been partially allowed by learned Single Judge with the following directions:- "Having regard to the aforesaid, I am of the considered view that the petition deserves to succeed. Consequently, the writ petition is allowed and the petitioner is held entitled to the remaining benefits of 25% of pay and allowances during the period he remained under suspension.";