- (1.) WE have heard learned counsel appearing for the appellants.
(2.) THE delay of 26 days has been sufficiently explained and is, accordingly, condoned. The application under Section 5 of the Limitation Act is allowed.
(3.) IT is submitted that though learned Single Judge has directed the appellants to decide the representation of the respondent, the judgments relied upon by learned counsel appearing for the petitioner - respondent in this Special Appeal, may not be taken as binding upon the appellants for deciding the representation. The respondent was appointed as Junior Engineer and was serving in Ajmer Vidyut Vitram Nigam Limited, Ajmer. A criminal case for offences under Sections 7, 8 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and under Section 120B IPC was registered against him, on which, he was placed under suspension on 20.10.2004. After a period of six years, when the trial was still pending, considering the delay in the trial, by order dated 20.10.2010, the respondent was reinstated in service as Junior Engineer. He claimed the arrears of salary in between the period of suspension and reinstatement, and filed the writ petition. In the writ petition, giving rise to the Special Appeal, the petitioner claimed annual grade increments for suspension period, and after revocation, the benefit of selection grade. He relied upon certain judgments of this Court, in which it was held that in similar circumstances, a person can be allowed annual grade increments, revision of pay and selection scale in proportion to the subsistence allowance during the suspension period.;