JUDGMENT

Hon'ble Lok Pal Singh, J.

By means of this petition, petitioner has sought following reliefs:

“(i) Issue a writ or order in the nature of certiorari to quash the impugned order dated 27.10.2004 passed by respondent department in contravention of the Hon'ble High Court order dated 04.08.2004

(ii) Issue any other writ, order or direction in the nature of mandamus directing the respondents to pay the arrears of difference of the regular salary and provisional salary on the post of head Constable/GD w.e.f. 15/10/2004 to 07/07/2011 with 8% interest.

(iii) Issue writ order or direction in the nature of mandamus directing the respondents to pay the arrears of difference of the regular salary and provisional salary on the post of Assistant Sub Insepctor/L-6 w.e.f. 07/07/2011 to till date with 8% interest.

(iv) Issue writ order or direction in the nature of mandamus directing the respondents to pay the regular salary on the post of Assistant Sub Inspector/L-6 onwards."

2. Brief facts of the case are that the petitioner was appointed in Indo Tibetan Boarder Police (in short ‘I.T.B.P.') on 19.09.1986; he was dismissed from the service vide order dated 04.06.1998. Feeling aggrieved by the order of dismissal, the petitioner preferred WPSS No. 338/2000 (old No. 6731/1999) “Narayan singh Vs. Commandant ITBP and others" before High Court of Judicature at Allahabad. After creation of the State of Uttarakhand, said writ petition was transferred to this Court. A Division Bench of this Court, vide judgment and order dated 04.08.2004 set aside the dismissal order dated 04.06.1998 & 16.12.1998 and disposed of the writ petition. Relevant paragraph of the judgment and order dated 04.08.2004 is extracted below:

“Considering the nature of the charge we find that the order of dismissal of disproportionate and shocking in nature, a lesser punishment could have been imposed commensurate to the nature of the charge. Therefore, we set aside the orders of dismissal and provide that the petitioner shall be reverted from the post of Head Constable for two months from the date of production of certified copy of this order and thereafter he will be given rank of head constable."

3. Pursuant to the aforesaid judgment and order, the respondent department reinstated the petitioner in services on 16.08.2004 on the post of Constable/GD in provisional Pay Rs. 3350/- per month equal to regular pay dated 01.11.1997 under the pay scale Rs. 2750-70-3800-75-4400/- and after completion of two months i.e. 15/10/2004 he was fixed the provisional pay on the post of head constable/GD Rs. 3370/- per month equal to regular pay dated 10/10/1997 under the pay scale Rs. 3200-85-4900/-. Meaning thereby, the petitioner was reinstated in the services as Constable for a period of two months as directed by this Court and has granted provisional pay scale to the him since his reinstatement in service.

4. Thereafter, the petitioner filed a clarification application no. 183 of 2012 in WPSS No. 338 of 2002 (Old No. 6731 of 1999). The Division Bench of this Court dismissed the said clarification application vide order dated 03.04.2012. Same is extracted below:

“A disciplinary proceeding resulted in passing of an order of dismissal of the petitioner. In a writ petition, the order of punishment was altered by providing that the writ petitioner shall be punished by reverting him from the post of head constable to the post of constable for two months, where after, the petitioner shall be given the rank of head constable. This order is so clear that there is no question of giving any clarification in relation thereto. While dealing with the matter and directing in the manner as above, the Division Bench allowed reinstatement, but did not give any direction in relation to the period the petitioner remained out of employment from the date of his dismissal and until the date of passing the order of the Division Bench and, accordingly, it must be, in Law, deemed that the Division Bench left the