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The short question that arises for consideration is whether the High Court was justified in granting relief of payment of backwages to the respondent for the period he has not actually served. There is no dispute that the respondent''s case (supra) was omitted from consideration on the ground that his chest was short by 2 cms. and as such he did not have the necessary physical standard, but, similar departmental candidates were considered and got the relief. The respondent''s case (supra) was, therefore, appropriately considered by the appropriate authority and by letter dated 21st December, 1995, it was conveyed that the respondent would be entitled to the rank of Assistant Sub-Inspector (Clerk/ Typist) from 3-8-1992 the date on which panel of 1992 was released, with the further direction that his seniority would be protected on notional basis, but he would not be entitled to any pay and allowances of the Asstt. Sub-Inspector (Clerk/Typist) for the back period and would be entitled to the same only from the date he assumes the charge physically.
In the teeth of the aforesaid order, the High Court was not justified in granting the payment of backwages for the period for which the appellant has not actually assumed the charge. In the aforesaid premises, we set aside the impugned order of the High Court and allow this appeal. There shall be no order as to costs.