HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 49478 of 2015 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Gopal Das Srivastava, learned counsel for petitioner and Sri Sunil Kumar Mishra, learned counsel for respondents. 2. The petitioner was terminated from service by an order dated 13.08.2012, however, the departmental appeal thereof was allowed by an order dated 06.06.2014 and order of termination was set aside with a further direction that petitioner will not entitled for salary for the period between he has not worked i.e. from date of termination to date of order of Appellate Authority though continuity of service was granted. 3. Learned counsel for petitioner submits that once an order of termination was set aside, consequential order of payment of salary for said period ought to have been passed, since it was not due to fault of petitioner that he was remained out from service and he place reliance on Hasmat Ullah Vs. Central Administrative Tribunal Allahabad and others,2019:AHC:219034-DB 4. Learned counsel for respondent has opposed the above submission that order of back wages of reinstatement is not always automatic. 5. I have considered the above submissions and perused the record. The Court finds that petitioner was remained out of service from 13.08.2012 to 06.06.2014 i.e. between the period of order of termination to when order of termination was set aside by Appellate Authority. Versus Counsel for Petitioner(s) : Gopal Srivastava Counsel for Respondent(s) : Sunil Kumar Mishra Pradeep Kumar Srivastava .....Petitioner(s) U.P. State Road Transport Corporation And 3 Others .....Respondent(s) 6. The Supreme Court in Allahabad Bank and others Vs. Avtar Bhushan Bhartiya, (2022) 13 SCC 202 has reiterated though order of back wages may not be always legal consequence but in certain circumstances if employee is kept out from service only due to default of employer then such order can be passed or some compensation order for limited back wages may be granted, therefore, this writ petition is disposed of that petitioner will be granted 50% of basic salary of aforesaid period i.e. from 13.08.2012 to 06.06.2014 and order shall be complied within three months. 7. The Court also takes note that petitioner has already retired in the year 2022. Above direction is passed in the interest of justice as well as that this writ petition is pending for last 10 years. September 17, 2025 P. Pandey WRIA No. 49478 of 2015 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad