By the Court.—This Special Appeal has been filed against the judgment dated 9 April 2013 of a learned Judge of this Court by which Writ Petition No. 17742 of 2009 that was filed by the sole respondent in this Special Appeal to assail the orders rejecting the representations, was allowed and a direction was issued to the respondents for giving light duty, as was advised by the Medical Board, to the writ petitioner.

2. The writ petitioner-Durvijay Singh had raised a grievance that though he was working as a Warder in District Jail at Gorakhpur, he was not being paid salary from 13 December 2007. Writ Petition No. 11810 of 2008 that was filed by him for claiming the aforesaid relief was dismissed by a learned Judge of this Court on 7 March 2008 for the reason that a second petition for the same cause of action would not be maintainable and also for the reason that a statement had made by the learned Standing Counsel that the writ petitioner had obtained employment on the basis of a fake appointment letter and an enquiry was pending before the CBCID. In the Special Appeal that was filed by Durvijay Singh to assail this order, a statement was made on behalf of the writ petitioner that he had filed a representation before the Superintendent of District Jail on 7 January 2008 in regard to the grievance that was made in the writ petition. The judgment of the learned Judge was substituted by the Division Bench by directing the respondents to decide the representation. The writ petitioner filed a comprehensive representation on 22 May 2008 which was rejected by the Senior Superintendent of District Jail, Gorakhpur by order dated 4 June 2008. This order was assailed in Writ Petition No. 30630 of 2008, which petition was dismissed on the ground that the writ petitioner had an alternative remedy. The writ petitioner then filed a representation before the Inspector General (Jail) on 13 August 2008. This representation was transferred to the Deputy Inspector General (Prison) and was ultimately rejected by order dated 26 September 2008. These orders dated 4 June 2008 and 26 September 2008 rejecting the representations filed by the writ petitioner were assailed in Writ Petition No. 17742 of 2009, which petition has been allowed by the impugned judgment.

3. The writ petitioner had alleged that he had been appointed as a Warder by order dated 24 December 1986 at District Jail, Fatehgarh and posted as a Warder at Sampurnanand Shivir, Sitarganj on 7 January 1987 from where he was transferred to Central Jail at Varanasi on 22 March 1990, then transferred to District Jail, Basti on 24 March 1990 and ultimately transferred to District Jail at Gorakhpur on 29 April 1995. Three Warders namely, Shatrujeet Shahi, Santosh Kumar Singh and Umakant, at the time of joining at District Jail at Gorakhpur, were asked to write applications by the Jailor but as they could not even write the applications, inquiries were made and thereafter on 31 May 2007, a First Information Report under Sections 419, 420, 467 and 471 of the Indian Penal Code was lodged at Police Station Gorakhpur which was registered as Case Crime No. 366 of 2007 against these persons for seeking appointments on the basis of forged orders. Inquiries were also made against other Warders posted at Gorakhpur regarding their appointments/postings. A letter dated 1 June 2007 was sent to the Appointing Authority of the petitioner mentioned in the service book, namely the Senior Superintendent Central Jail, Fatehgarh, seeking information regarding the appointment order of the petitioner. In reply, the Senior Superintendent, Fatehgarh sent a communication dated 2 June 2007 that the writ petitioner and 13 other persons, who were working in the Central Jail, Gorakhpur as Warders, had never been appointed in the Central Jail, Fatehgarh. In the appointment order and the service book of the writ petitioner, it was mentioned that he had joined as a Warder on 7 January 1987 at Sampurnanand Shivir at Sita