IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.483 of 2009 (O&M) Date of decision: 21.8.2009 Baldev Singh. -----Appellant Vs. State of Haryana & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. A.S. Virk, Advocate for the appellant. ----- ORDER: 1. Delay condoned, subject to just exceptions. Heard on merits. 2. This appeal has been preferred against judgment of the learned Single Judge, partly allowing the writ petition on the issue of backwages. 3. The appellant was employed in Jail Department. He was convicted under Sections 325/323/341 IPC. On appeal, he was acquitted on the basis of compromise. He represented for reinstatement, which prayer was granted by the appointing authority, subject to the condition that he will not be given backwages or any other benefit. Against order dated 3.4.2007, LPA No.483 of 2009 rejecting claim for arrears and to treat the said period as qualifying service for any other purpose, writ petition was filed. The writ petition was partly allowed and declaration was granted that except pay, the appellant will be entitled to all other consequential benefits for the period he was out of job. 4. Contention raised on behalf of the appellant is that even pay should have been allowed. 5. We do not find any merit in this contention. It is not the case of the appellant that dismissal was in any way illegal. We have our doubts whether the appellant could be reinstated, even after acquittal based on compromise unless he was exonerated of misconduct leading to conviction or given any other benefits. In any case, we do not find any ground to accept the plea for grant of backwages for the period the appellant was out of service on account of dismissal. 6. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE August 21, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2