JUDGMENT B.D. Agarwal, J. 1. This writ petition has been filed praying for a direction to the State-Respondents for payment of back wages and other service benefits like seniority, increments etc on reinstatement. 2. Heard Mr. C. Lalramzauva, learned Sr. Advocate appearing for the Petitioner and Mr. N Sailo, learned additional Advocate General, Mizoram appearing for the Respondents. 3. The writ Petitioner was appointed as a grade-IV employee by the Civil Surgeon, Chhimtuipui District, Saiha in the year 1988. In the early part of 1991 the Petitioner was found to be unauthorisedly absent and as such he was terminated from service sometime in the month of February, 1991. Petitioner's case is that he was granted E.L. for 45 days w.e.f. 1.1.1991 and during the validity of the leave period he was terminated from service and that too, without any enquiry and, as such, the termination of the writ Petitioner was void ab initio. The Petitioner's further case is that after availing the leave he wanted to resume his duties on 15.2.1991, but the concerned authority did not allow him to resume his duties since another person was appointed in his place. It is also the case of the Petitioner that he submitted a representation for reinstatement sometime in the year 2003 but the same was rejected on 24.1.2006 Thereafter, W.P.(C) No. 30 of 2007 was filed. The said writ petition was decided by this Court on 17.6.2008, setting aside the termination order, albeit, giving opportunity to the department to initiate fresh inquiry. However the Respondents have allowed the writ Petitioner to resume his duties vide order dated 9.3.2010 but they have declined to pay arrear pay and allowances. Hence this writ petition has been filed. 4. Shri C. Lalramzauva, learned senior counsel for the writ Petitioner submitted that the aforesaid order dated 9.03.2010 is contrary to the letter dated 16.9.2009, issued by the Under Secretary to the Government of Mizoram, Health and Family Welfare Department to the Director of Health Services, Mizoram, Aizawl directing him to reinstate the writ Petitioner in service and to arrange payment of arrears as agreed by the writ Petitioner. It may be mentioned here that the writ Petitioner had agreed to accept 70% of the arrear pay and allowances vide its letter dated 21.1.2009 submitted to the Secretary Health and Family Welfare Department. 5. It may be mentioned here that the writ Petitioner had agreed to accept 70% of the arrear pay and allowances vide its letter dated 21.1.2009 submitted to the Secretary Health and Family Welfare Department. 5. Since the impugned order is totally silent about the letter dated 16.9.2009 issued from the Health and Family Welfare Department, it would be just and proper to direct the Secretary, Health and Family Welfare Department, Mizoram to reexamine the claim of the writ Petitioner with regard to back wages. While taking such decision the Secretary shall examine the relevant file under what circumstances the letter dated 16.9.2009 was issued from the said department. At the same time the Government shall be at liberty to fix the percentage of back wages and the date from which it shall be paid to the writ Petitioner, if the Government decides to pay back wages at all. 6. With regard to remaining prayers of the writ Petitioner like seniority, increments, etc. I am not in a position to pass an effective order since the writ Petitioner has not submitted his letter of appointment. In other words, it is not clear whether the writ Petitioner was appointed against a substantive vacancy or that he was regularized in service. In my view these aspects shall be considered by the concerned department. 7. With the aforesaid observations, the writ petition stands disposed of. 8. The Respondents shall consider the prayer for back wages expeditiously and preferably within a period of 3 (three) months from the date of receipt of a copy of this order.