B.L.Yadav, J.

1. The instant Letters Patent Appeal is directed against the Judgment and Order dated May 2, 1991 passed by the learned Single Judge of this Court allowing in part C. W.J.C. No. 1844 of 1989 (R). The learned Single Judge recorded finding substantially in favour of the petitioner/appellant, a bus conductor but instead of directing reinstatement directed the petitioner to be entitled to 3.33 years wages last drawn by him.

2. The relief claimed in the present Letters Patent Appeal is that it may be allowed and the Judgment and Order of the learned Single Judge be modified to the extent that the petitioner/appellant may be reinstated with the entire back wages.

3. The factual matrix of the case is that the petitioner/appellant was appointed by the Bihar State Road Transport Corporation (Respondent No. 1) as a bus conductor. He was appointed on substantive vacancy, whereas according to the respondents he was appointed as a casual employee. The appellant was, however, charge-sheeted in 1985. A departmental proceeding followed and he was found guilty by an order dated June 4, 1986 (Annexure-7 to the writ petition) and was dismissed from services. The order of dismiss