- (1.) The present writ petition has been preferred for the following reliefs: (i) For issuance of an appropriate writ, order or direction to quash the order dated 27th March, 2003, passed by the Senior Commandant, C.I.S.F., 4th Reserve Battalion, Ranchi, whereby, the services of the petitioner for the intervening period from 5.2.2000 to 5.11.2002, during which he was forced not to work due to illegal order of removal from service, have been treated as "DIES NON  in accordance with Rule 55 of the C.I.S.F. Rules, 2001; (ii) For issuance of an appropriate writ, order or direction, directing the respondents to pay full salary for the intervening period from 5.2.2000 to 5.11.2002 i.e. from the date of dismissal from service to the date of re -instatement in service; and (iii) For issuance of a further appropriate writ, order or direction, directing the respondents to pay interest @ 18% per annum in respect of the arrears of salary. Learned counsel for the petitioner has brought to my notice the order dated 13.9.2002, which has been annexed as Annexure -1 to this writ petition, vide which this Court by a detailed judgment quashed the orders, passed by the Appellate Authority as also the Revisional Authority and held that the order of disciplinary authority suffers from illegality and cannot be sustained and the petitioner was directed to be re -instated in view of the order, quashing the dismissal of the petitioner from service. Thereafter, the petitioner represented the respondents who, in turn, passed the impugned order, which is the subject matter before this Court in the present writ petition.
(2.) IN the impugned order dated 27th March, 2003 the Senior Commandant, Central Industrial Security Force, 4th Reserve Battalion, Ranchi (respondent no.2) has submitted primarily two grounds vide which it has refused to make payment for the intervening period from 5.2.2000 to 5.11.2002. The first ground indicated in the impugned order is that the Honble High Court has nowhere directed to make payment for the intervening period and secondly the order of dismissal of the petitioner from service was quashed on technical ground. Both the aforesaid two grounds appear to be unsustainable and illegal on the face of it. I have perused the order dated 13.9.2002, passed by this Court, which is a speaking detailed judgment on the issue to quash the order of dismissal and thus there is no need for passing the order for payment when the very basis has been set aside vide which the payment was withheld. Considering the aforesaid facts and circumstances of the case, the impugned order dated 27th March, 2003, passed by the Senior Commandant, C.I.S.F., 4th Reserve Battalion, Ranchi, is set aside and the respondents are directed to pay the arrears of salary for the intervening period from 5.2.2000 to 5.11.2002 within a period of two months from the date of receipt/production of a copy of this order. This writ petition is accordingly, disposed of but without any order as to costs.;