Judgment :-

Dipak Misra, J.

Leave granted.

2. The present appeal, by special leave, is directed against the judgment and order dated 22.11.2012 passed by the High Court of Judicature at Madras in Writ Appeal No. 2531 of 2012 whereby the Division Bench has affirmed the judgment and order dated 21.7.2011 in W.P. No. 25673 of 2007 whereunder the learned single Judge had allowed the writ petition, and after setting aside the punishment of dismissal, directed reinstatement of the respondent with continuity of service but without back wages.

3. Bereft of unnecessary details, the expose’ of facts that have been undraped are that the respondent was appointed as a Surveyor in Chennai Metropolitan Water Supply and Sewerage Board (for short, “CMWSSB”) and subsequently promoted as Junior Engineer in 1989. From 28.8.1995 he remained continuously absent from duty without any intimation to the employer and did not respond to the repeated memoranda/reminders requiring him to explain his unauthorized absence from duty and to rejoin duty. On 1.4.1997 he reported to duty with the medical certificate for his absence from duty for the period commencing 28.8.1995 to 31.3.1997. As he had already remained una