JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. This appeal by way of a special leave petition at the instance of Jaipur Vidyut Vitran Nigam Ltd has been filed from a judgment and order dated 19th of November, 2007 in DB Civil Special Appeal (Writ) No.1085 of 2007 arising out of a writ petition filed by Nathu Ram (the respondent herein) for payment of back wages from 29th of December, 1982 to 14th of December, 1997 after he was reinstated in service by the appellants.

3. Before we proceed further, we may say at this stage that while this Special Leave Petition was posted for hearing before a Bench of this Court, the following order was passed:-

“Issue notice limited to the question of payment of amount which is to be paid from 28.12.1982 to 15.12.1997.”

4. The facts leading to the filing of this appeal may be narrated as follows:

Jaipur Vidyut Vitran Nigam Ltd. (hereinafter referred to as ‘the Corporation’) has come into existence as a result of dissolution of Rajasthan State Electricity Board to form separate companies. The Corporation adopted the Rules, Regulations and directions issued by the predecessor of the Corporation until they framed their own rules. A Circular dated 3rd of September, 1975, which relates to action to be taken in cases where employees of the Rajasthan State Electricity Board were convicted on criminal charges by a competent court of law, was issued by the Rajasthan State Electricity Board.

5. Nathu Ram, the respondent, was appointed as a casual labour in the erstwhile Rajasthan State Electricity Board and was subsequently regularized on the post of Helper Grade II. On 19th of September, 1979, the Respondent was allegedly caught accepting bribe by the Anti Corruption Bureau, as a result of which he was suspended from service by an order dated 30th of November, 1979. On 22nd of December, 1982, the learned Special Judge, Anti-Corruption cases, Jaipur held that the respondent was guilty of offences under Section 161 of The Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of Anti Corruption Act, 1947 and sentenced him to one year rigorous imprisonment with a fine of Rs.300/- for each of the said offence. An appeal was carried by the respondent to the High Court of Rajasthan at Jaipur challenging the aforesaid conviction passed against him. In view of the conviction passed against him, the Corporation terminated his service by an order dated 28th of December, 1982. By an order dated 15th of December, 1997, the High Court acquitted the respondent of the charges leveled against him. The Corporation, by virtue of this order of acquittal, reinstated the respondent in service w.e.f. 15th of December, 1997, i.e. the date of the acquittal and posted him in the office of Assistant Engineer (Rural), Rajasthan State Electricity Board, Kunda Ki Dhani by an order dated 2nd of June, 1998. The respondent was given full pay and allowances for the period of suspension, i.e. from 30th of November 1979 to 28th of December, 1982 and from 15th of December, 1997 till his joining the duty. From the above, it is clear that there was a break of 15 years in his service. On 3rd of June, 1998, the Respondent joined the service in the Corporation. He, however, retired on 31st of May, 2003. After retirement, he filed a writ petition being SB CWP No. 6440 of 2003 in the High Court of Rajasthan at Jaipur in which, inter alia, the following reliefs were claimed by the respondent :-

1)amendment of the order dated 2nd of June, 1998 reinstating the respondent in service to the effect that the period from 29th of December, 1982 to 14th of December, 1997 may also be treated as period spent on duty for all purposes with full pay and allowances.

2) consequential benefits of service from the date of his suspension i.e. from 30th of November, 1979 to 2nd of June, 1998, which was the date of his reinstatement, including pay and allowances, annual grade increment, bonus, liveries along with interest @ 12 % per annum from 2nd of