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Judgment
Rajiv Sharma, J.—Heard learned Counsel for the applicant and learned Standing Counsel.
This Review Petition arises out of the judgment and order dated 24.8.2005 passed in Writ Petition No. 50 (SS) of 1992.
Counsel for the petitioner has submitted that though the writ petition has been allowed and the order of dismissal dated 21.12.1991 has been quashed, yet there is an apparent error on the face of record regarding payment of salary.
As a matter of fact, this Court while entertaining the writ petition stayed the operation of the order of dismissal vide order 6.1.1992.
Counsel for the petitioner submits that in compliance of the order dated 6.1.1992, the petitioner was reinstated in service and he continued to receive salary regularly till he remained in service. Therefore, question does not arise for payment of half of salary from the date of dismissal to the date of judgment and the petitioner, since had discharged the duties of the post he was working, is entitled for full salary and other benefits as admissible to similarly situated employees. It has also been pointed out that the petitioner Sheo Ram Singh died in a road accident on 12.7.2008 and as such, his legal heirs have been substituted in the review petition.
State Counsel has not disputed the aforesaid facts.
Considering the facts and circumstances of the case, there is force in the arguments advanced by the counsel for the applicant. It appears that the fact of reinstatement of the petitioner in service and continuance payment of salary was not brought to the notice of this Court, at the time of final hearing, as a consequence whereof the direction for payment of half of the salary was given.
Accordingly, the review petition is allowed and the judgment and order dated 24.8.2005 is modified to the extent that the petitioner is entitled for full salary and in the event it has not been released or any other dues are pending, same shall be released in favour of the legal heirs of Sheo Ram Singh, who have been substituted in the review petition.