A.R. Lakshmanan, J.

Heard Mr. C.K. Pavithran, Government Pleader for the State. The appeal is directed against the judgment of the learned single judge of this Court dated 22.7.1997. Learned Single Judge by his above order has clearly held that there is no justification for denying the fruits of litigation which the petitioner fought and won. By holding so the learned judge quashed Ext. P8 and held that the petitioner is entitled to get salary during the period when he was kept out of service due to wrong staff fixation. The fourth respondent in O.P. 14670/96 was directed to disburse the salary of the petitioner during the period in question within three months from the date of receipt of a copy of the said judgment. It is pertinent to note that this Court while disposing of O.P. 5451/92 has clearly held as follows:

"Now it is admitted before me by learned Government Pleader that as per the circular issued by the Director of Public Instruction and as per the decision of this Court, 41/2 periods have to be founded to 5. If that had been done, the post should not have been abolished. Hence, abolition of post as per Ex t. P2 is wrong. In the light of that, I quash Exts. P2,