JUDGMENT :

Ar. Lakshmanan, J.—The Southern Railway is the appellant in this appeal. The writ appeal is directed against the order of Ghuttal, J. in O.P. No. 9478 of 1988 allowing the Original petition filed by the respondent herein whereby the appellate order No. l dated September 22, 1988, Ext.P-12, confirming the order of dismissal of the respondent from service was quashed. The learned single Judge further held that the petitioner should be treated to have been in the employment as Railway Rakshak notwithstanding the orders impugned in this petition and quashed by him and that the respondent should be entitled to all the benefits such as salary, allowances, seniority, promotion, etc. as if the impugned orders were never made. It was further ordered that if the respondent had crossed the age of superannuation, he should be paid all the benefits such as provident fund, gratuity, etc.

2. A brief resume of the background of this case is necessary to appreciate the rival contentions. The respondent, while working as Rakshak in the Railway Protection Force, (in short 'the R.P.F.') was charged with the offence of murdering another Rakshak by name Gopalakrishnan on April 11, 1978. He was