Judgment

JUDGMENT  - Heard learned counsel for the parties. Special leave is granted.

2. The respondent retired as an Executive Engineer under the appellant-State. The case of the appellant is that the respondent had, on the basis of his true age to retire on 31st January, 1988 but he remained in service by playing fraud on the department. However, it is admitted that he served the department till 30th September, 1989. By a writ petition out of which the present appeal arises the respondent claimed his salary from February, 1988 to September, 1989. The respondent also complained that he was not being paid his post-retiral benefits. The High Court by the impugned judgment has allowed both the reliefs.

3. So far the question of payment of arrears of salary is concerned, we do not find any merit in the contention of learned counsel for the appellant that the respondent can be refused his emoluments for the period in question as no proceedings were ever initiated for inquiry as to the alleged fraud played by the respondent on the department. It is not denied that the respondent worked till 30th September, 1989 and in that view we confirm that part of the impugned judgment which refers to