IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.827 of 2010 CHHOTE LAL YADAV S/O LATE PARAMHANS YADAV R/O VILL. AND P.O. BISUKIYA, P.S.- GARBAR, DISTT.- BALIA (U.P.). -------PETITIONER-APPELLANT. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI 2. THE INSPECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, C.I.S.F. OFFICE COMPLEX, BORING ROAD, NEW PATLIPUTRA COLONY, PATNA-800013 3. THE COMMANDANT, C.I.S.F.UNIT, B.C.C.L, DHANBAD (JHARKHAND). ---RESPONDENTS-RESPONDENTS. ----------- 2 07-05-2010 I.A. No.4425 of 2010. This is an application for condonation of delay of 111 days. We have heard Mr. Kamal Nayan Chaubey, learned Senior counsel for the appellant and Mr. Raghib Ahsan, learned Assistant Solicitor General for the Union of India. Regard being had to the facts and circumstances of the case and taking note of the assertions made in the application, delay in filing of the appeal deserves to be condoned. Accordingly, it is so ordered. 2 I.A. stands allowed. L.P.A. No.827 of 2010. As we have condoned delay, we are inclined to take up the appeal for admission and final disposal. With the consent of learned counsel for the parties it is finally heard. In this appeal assail is to the order dated 6.8.2009 passed by the learned Single Judge in C.W.J.C. No.11607 of 2008, whereby he has set aside the order terminating services of the appellant and further directed that he shall not be paid any remuneration for the period he was not working. Be it noted, the learned Single Judge has granted continuity of service. Having heard Mr. Kamal Nayan Chaubey, learned Senior counsel for the appellant and Mr. Raghib Ahsan, learned Assistant Solicitor General for the Union of India, we are of the considered opinion, the order passed by the learned Single Judge cannot be found fault with for the simple reason the appellant was a Probationer and on his reinstatement there cannot be 3 automatic to grant back wages. Thus, we do not find any merit in the submission of learned counsel for the appellant. It is worth noting, the order of reinstatement has been complied with by the functionaries of the Union of India. In the result, we do not perceive any merit in the appeal and, accordingly, the same stands dismissed in limine. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)