- (1.) The petitioner has approached this Court challenging order dated 10.02.2011. The brief facts of the case are that, the petitioner was appointed on 18.06.1973 as Rigger and he superannuated from service with effect from 31.03.2012. On 05.03.1993, a First Information Report was registered under Section 380, 120B I.P.C. and on trial, the petitioner was convicted by order dated 20.03.2009. The appeal preferred by the petitioner has been allowed by order dated 04.10.2010 and thereafter, the petitioner was reinstated in service by order dated 10.02.2011 however, he has been denied the salary between the period 24.07.2009 and 10.02.2011. Aggrieved, the petitioner has approached this Court by filing the present writ petition.
(2.) A counter-affidavit has been filed stating as under, 6. That in reply to para 1(i) it is stated that the petitioner was reinstated on no work no pay basis vide O/O No. pers/W/SMS-IICCS/2011-77 dt 10.2.2011. As such he was not entitled for any back wages and consequential benefits of any kind though his notional seniority in the existing grade and cluster has been retained for the purpose of basic calculation only and further it has not been mentioned in the order to reinstate him with all back wages. 7. That in reply to para 1(ii) it is stated that notional promotion has been given vide O/O No. Pers/W/SMS/2011-675 dt 5.10.2011 as per company policy. 8. That in reply to para 1(iii) it is stated that as per the O/S No. Pers/W-SMS1/2011 dt 5.10.2011, Sri Prasad was not entitled for payment of arrears for the period of dismissal i.e. from 24.7.2009 to 10.2.2011. As such, EL/HPL has not been considered. Payment of Ex-gratia bonus for the period of 2008-09 was not considered as during the payment of these, he was out of employment. He has availed both LLTC and LTC for the block year 1994-97 (12.7.94 to 17.07.94 and 29.12.96 to 3.1.1997) whereas he was under suspension from 21.07.1995 to 28.08.1996. 18. That in reply to para 9 it is stated that the notional promotion has been given vide O/O No. Pers SW/SMS1/2011-675 dt 5.10.11 as per company policy. 23. That in reply to para 15 it is stated that the notional promotion has been given vide O/O No. Pers/WSMS1/2011-675 dt 5.10.2011 as per policy. 27. That in reply to para 20 it is stated that the revision benefits has been given vide 0/0 No. Pers/WSMS1/2011-675 dt 5.10.2011. 28. That in reply to para 21 it is stated that EL/HPL has been given for the period of suspension vide o/o No. Pers/W/SMS1/IMF/2012-305 dt. 21.07.2012. 29. That in reply to para 22 it is stated that payment of Ex-gratia/bonus for the period of 2008-09 was not considered as during the payment of these, he was out of employment. 30. That in reply to para 23 it is stated that he has availed both LLTC and LTC for the block years 1994-97 (12.7.94 to 17.7.94 and 29.12.96 to 3.1.97) whereas he was under suspension from 21.07.1995 to 28.08.1996.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;