JUDGMENT 1. - These two appeals-one by the Industrial Development Bank of India (hereinafter referred to as 'the Bank') and the other by the employee, A.K. Saxena, (hereinafter referred to as 'the petitioner') have been heard together, even though they arise from different orders, as the dispute involved in both is the same. 2. In course of hearing of the appeals, counsel for the parties fairly agreed that the appeals may be disposed of in the manner agreed to by them. In that view of the matter it is not necessary to state the case of the parties; however we consider it desirable to state the relevant facts giving rise to the dispute. 3. On 3.3.1979 the petitioner was appointed as clerk in the service of the Bank. On 2.3.1982, charge-sheet was issued to him in respect of certain misconduct on 1.12.1982, he was placed under suspension and finally dismissed from service on 19.12.1983. The petitioner challenged his dismissal by way of complaint under Section 28A of the Rajasthan Shops and Commercial Establishments Act, 1958 before the Prescribed Authority. He also appears to have approached the appellate authority namely, the Chairman of the Bank against the punishment. The appellate authority partly allowed the appeal. The order was communicated along with the letter on 26.4.1985. The order t the appellate authority has bearing on the dispute and as such it may be quoted in extenso as under : "(i) Shri Saxena shall immediately on receipt of this advise take steps to withdraw the complaint filed by him before the competent authority under the Rajasthan Shops & Establishments Act and furnish to the Bank necessary evidence in support thereof. (ii) On being satisfied about the withdrawal of the said complaint, Shri Saxena shall be issued a formal posting him at its Bhopal Branch Office. His pay shall be fixed at Rs. 500/- p.m. in the scale of pay of Rs. 400-1120/-. He will also be entitled to a special pay of Rs. 50/- p.m. admissible to a clerk Grade-I. (iii) Shri Saxena on reporting for duty at the said office, shall for purpose of seniority be placed below the junior-most confirmed clerk grade-I in that office. For the purpose of future promotions etc. notwithstanding normal rules for promotion on the basis of length of service, Shri Saxena will be eligible for promotion only after his senior in Bhopal office becomes so eligible. For the purpose of future promotions etc. notwithstanding normal rules for promotion on the basis of length of service, Shri Saxena will be eligible for promotion only after his senior in Bhopal office becomes so eligible. (iv) Discontinuance in the Bank's service shall be subject to satisfactory performance of his official duties and behaviour with his superiors. For this purpose, the Bank will review the position after one year from his joining the service again. (v) The period between the date of his suspension and the date of dismissal from service namely from Ist February, 1982 to 21st December,-1985 shall be treated as extra-ordinary leave without any pay and allowances not counting for increments. (vi) The period between the date of dismissal from service namely 21st December, 1983 and the date of his reporting for duty at Bhopal office shall be treated as non-est." 4. The order called upon the petitioner to communicate his argument to the aforementioned conditions as early as possible but not later than 4.5.1985. 5. On 23.1.1986 the Bank filed application in case No. 1/1984 before the Prescribed Authority. The said application has not been brought on record but from the order of the Prescribed Authority dated 20.8.1986, it appears that the petitioner filed rejoinder wherein he stated that he had no objection if he is reinstated in service in the light of the facts in Para 2 of the application dated 23.1.1986. By order dated 20.8.1986, the Prescribed Authority disposed of the application with a direction to the Bank to immediately reinstate the petitioner in the light of the order dated 8.11.1985. (8.11.1985 was a typographical error which was corrected later by order dated 3.2.1993). It is relevant to mention here that on application of the Bank, on 28.2.1987 an amended order was passed by the Prescribed Authority to the effect that in view of the order of the appellate authority altering the punishment of dismissal from service to reinstatement on certain conditions, no dispute survived for decision. The Bank was directed to reinstate the petitioner from the date of joining which would not adversely affect continuity of service. 6. The dispute, it appears, continued as regards import of the order of the appellate authority as incorporated by the Prescribed Authority in its orders. There was also a dispute regarding joining in the light of the order of the appellate authority. 6. The dispute, it appears, continued as regards import of the order of the appellate authority as incorporated by the Prescribed Authority in its orders. There was also a dispute regarding joining in the light of the order of the appellate authority. On 3.2.1993, the Prescribed Authority passed an order clarifying that mention of 'reinstatement' in the previous orders may be read as 're-employment'. 7. At this stage the petitioner filed writ petition being S.B. Civil Writ Petition No. 6880/1993 seeking direction upon the Bank to allow him to resume duty in accordance with the orders of the Prescribed Authority dated 20.8.1986 read with 3.2.1993 with all consequential benefits. The writ petition was disposed of vide order dated 5.4.1994, giving rise to Special Appeal No. 538/1994, with direction that the petitioner shall be treated as re-employed in the service of the Bank with effect from the date of his joining at Bhopal; he shall be placed below the last confirmed clerk Grade I for the purpose of seniority, promotion etc. as mentioned in the order/letter dated 26.4.1985, and given benefit of continuity of service, but shall not be entitled to any pay and allowances between the date of suspension and re-employment which period shall be treated as extra-ordinary leave. Feeling aggrieved, the Bank has come in appeal (Special Appeal No. 538/1994) against the order. 8. The petitioner filed another writ petition being S.B. Civil Writ Petition No. 1019/1995 seeking declaration that the order treating his employment from 13.12.1993 instead of giving continuity of service as per direction of this Court was illegal land unjustified. He also prayed for release of annual grade increment for the intervening period from 1.2.1982, and promotion to higher grades from the date his juniors had been promoted, that is, 1.11.1994. The writ petition was summarily dismissed vide order dated 3.4.1995. Feeling aggrieved, the petitioner has come in appeal in Special Appeal No. 464/1995. 9. Having regard the basic facts of the case, we refrain from making observations and comments on the respective case of the parties, for counsel for the parties very fairly agreed that the appeals may be disposed of in the following terms : (i) Total period of service of the petitioner including the period during which he remained under suspension or dismissal shall be counted for the purpose of retrial benefits as per the relevant rules. (ii) The petitioner shall be entitled to seniority from the date of. joining, that is, 13.12.1993 vis-a-vis other serving officials for the purpose of promotion to higher grades. (iii) Annual grade increment will be allowed to the petitioner from the date of joining, that is, 13.12.1993. (iv) The Bank will consider any claim made by the petitioner for promotion to higher grades treating his date of appointment as 13.12.1993 under the relevant rules. (v) Treating his appointment effective from 13.12.1993 pay of the petitioner will be fixed in the existant scale namely Rs. 400-1120 with special pay of Rs. 50/-, as revised from time to time, admissible to clerk Grade I. 10. The appeals stand disposed of in the above terms. There will be no order as to costs.Appeal Disposed of as Above. *******