SANJEET LAL PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 28.02.2005, passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 240 of 1999 (Sanjeet Lal Pathak V/s. The Union of India and Ors.), whereby the writ petition has substantially been allowed, and the petitioner has been directed to be reinstated in service, but without arrears of salary.

(2.) A brief statement of facts essential for disposal of this writ petition may be indicated. The petitioner was appointed as an Extra Departmental Packer (for short "EDP.), in Banka post office, on 26.12.1997. He joined as such on 29.12.1997. By an innocuous looking order dated 16.03.1999(Annexure-6), his services were dispensed with. The petitioner challenged the same by preferring O.A. No. 240 of 1999, which has been allowed by the impugned order dated 28.02.2005, whereby the respondent authorities have been directed to reinstate him with the following direction: 8. In the circumstances in our opinion the applicant is entitled for the relief. For the reasons stated above the order dated 16.3.1999 is hereby quashed. However, it shall be open for the Respondents to pass a fresh order in accordance with law after giving an opportunity of hearing to the applicant, but the applicant shall be reinstated on the post. However, he will not be entitled for the back wages. There shall be no order as to costs.

(3.) As per the directions of the Tribunal, the authorities have passed the order dated 19.9.2005 (Annexure-A to the counter affidavit) reinstating the petitioner in service. The present writ petition is confined to the question of payment of arrears of salary.