Pramath Patnaik, J. - (1.) THE instant Letters Patent Appeal has been preferred challenging the legality and propriety of the part of the judgment and order dated 23.02.2010 passed by the learned Single Judge in W.P. (S) No. 1279 of 2004 to the extent that the petitioner -appellant is not entitled for back wages for the period between termination from service till date of reinstatement notwithstanding the fact that the writ application filed by the petitioner has been allowed by the learned Single Judge.
(2.) THE learned Single Judge on proper appreciation of the irregularity in the departmental proceedings resulting in violation of principles of natural justice has been pleased to quash the impugned order dated 28.01.2002 and 22.01.2004, Annexures 10 and 12 of the writ application, as passed by disciplinary authority -respondent No. 3 and the appellate authority -respondent No. 2 respectively and accordingly, the learned Single Judge has been pleased to direct the respondent to reinstate the petitioner in service but refused to grant back wages for the period between the date of termination from services till date of reinstatement. Being aggrieved by part of judgment, present Letters Patent Appeal has been filed praying, inter alia, for grant of back wages for the interregnum period i.e. from the date of termination till date of reinstatement.
(3.) HEARD learned senior counsel for the petitioner and learned counsel for the respondents.;