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Judgment
G.B. Pattanaik J.-Delay condoned.
Leave granted.
The State of Uttar Pradesh is in appeal against the order of the Tribunal, which has been upheld inasmuch as the writ filed by the State stood dismissed. The question for consideration is whether the respondent employee was entitled to count the period from 21-12-1996 till 28-2-1997 for the purpose of calculating his pension. As it appears the order of reversion itself was on 4-12-1996, but notwithstanding the same, the employer allowed the respondent to perform his duties. The performance of such duties at the most would entitle the respondent to claim salary, but by no stretch of imagination that period can be counted for computation of the retiral benefits. In that view of the matter, we set aside the order of the Tribunal directing that the period should be counted for the purpose of computation of retiral benefits of the respondent. Be it stated that for the period he has served, he will be entitled to the salary for the same.
The appeal is disposed of.