ORDER : The present appeal is arising out of the order dated 02.04.2019 passed in WP.No.29870/2014 by the learned Single Judge granting arrears of salary and benefit of past services rendered by the sole respondent after he has been reinstated back in service. 2. The facts of the case reveal that the respondent before this Court was appointed as a clerk in the services of Canara Bank under the reserved category (Scheduled Tribe) on the basis of a caste certificate issued on 17.11.1977 by the Tahsildar, Shorapur, which certified that he was a member of ‘Kadukuruba’ community, which is a scheduled tribe. Some complaint was lodged in the matter and the District Caste Verification Committee, Gulbarga, submitted a report dated 18.09.2002 giving a finding that the respondent does not belong to scheduled tribe. The findings of the District Caste Verification Committee was communicated to the appellant – bank vide letter dated 09.01.2003. The Tahsildar, Shorapur, cancelled the caste certificate vide order dated 26.03.2003. 3. That the appellant –bank keeping in view the guidelines issued by the Ministry of Finance, Department of Economic Affairs (Banking Division) dated 30.04.2003 terminated the services of the respondent vide order dated 29.04.2003. The respondent being aggrieved by the termination came up before this Court by filing a writ petition i.e., WP.No.24992/2003 and this Court has granted an interim order on 16.05.2003. The appellant – bank permitted the respondent to join duty on 10.06.2003. Finally, the aforesaid writ petition was disposed of on 02.01.2007 quashing the order dated 26.03.2003 and the Deputy Commissioner, Gulbarga, was directed to hold an enquiry as to whether the employee in question belongs to ‘Kadukuruba’ or ‘kuruba’ community and to pass necessary orders within three months, that too, after affording an opportunity to the employee in question. 4. That the appellant – bank again terminated the services of the respondent vide proceedings dated 31.07.2008 and the same was again subjected to judicial scrutiny in WP.No.40303/2008 before this Court. The learned Single Judge vide order dated 06.11.2009 has allowed the writ petition directing reinstatement of the respondent subject to the orders which may be passed by the Caste Verification Committee. The appellant – bank has thereafter preferred a writ appeal against the order of the learned Single Judge i.e., WA.No.10012/2010 and by an order dated 18.2.2010 the order passed by the learned Single Judge dated 6.11.2009 in WP.No.40303/2008 was stayed. The appellant – bank has thereafter preferred a writ appeal against the order of the learned Single Judge i.e., WA.No.10012/2010 and by an order dated 18.2.2010 the order passed by the learned Single Judge dated 6.11.2009 in WP.No.40303/2008 was stayed. The writ appeal was finally disposed of on 9.12.2010 holding that the rival parties will be bound by the determination of the Caste Verification Committee. It was also held that in case the Caste Verification Committee upholds the caste certificate dated 17.11.1977 issued by the Tahsildar, the order of termination dated 29.04.2003 passed by the appellant – bank and all consequential orders will be deemed to be set aside and the order passed by the learned Single Judge dated 6.11.2009 allowing WP.No.40303/2008 will be deemed to be upheld and in the said eventuality, the respondent – employee shall be entitled to all consequential benefits. 5. That the facts further reveal that the Caste Verification Committee finally came up with a conclusion that the respondent – employee belongs to ‘kadukuruba’ community, which comes under scheduled tribe category and the respondent – employee communicated the findings to the appellant – bank three days prior to his superannuation. The findings were signed by the District Commissioner, Yadgir, on 27.09.2013 and the order is dated 16.09.2013. In the meanwhile, the respondent – employee attained superannuation on 30.09.2013 and the appellant -bank considering the fact that the respondent – employee stood superannuated on 30.09.2013, vide proceedings dated 4.12.2013 ordered that the respondent – employee has already been superannuated and therefore, the period up to which he has worked last i.e., 04.08.2008 till 30.9.2013 i.e., his date of superannuation will not be taken in to account for any purposes. The terminal dues were paid accordingly. 6. The order passed by the appellant – bank in respect of non inclusion of the period w.e.f., 04.08.2008 till 30.9.2013 was challenged before the learned Single Judge. The relevant extract of the order passed by the bank which was impugned in the writ petition reads as under : “However, the date from which he had last worked, i.e., 04.08.2008 till 30.09.2013, i.e., the date of his normal superannuation will not be treated for any purpose whatsoever.” 7. The learned Single Judge after hearing the learned counsel for the parties has allowed the writ petition and has passed the following order : “9. The learned Single Judge after hearing the learned counsel for the parties has allowed the writ petition and has passed the following order : “9. Having heard the learned counsels for both the parties, this Court is of the opinion that the respondent Bank is bound by the decision and direction of the Division Bench, wherein, after hearing both the parties, in the appeal preferred by the Bank, the Division Bench has specifically held that the order of reinstatement passed by this Court in W.P.No.40303/2008 dated 06.01.2009 will be deemed to be upheld. The caste certificate was found to be genuine by the competent authority and in that eventuality the petitioner shall be entitled for all consequential benefits. The respondent Bank has chosen not to reinstate the petitioner inspite of the specific direction given by the Court. If the respondent Bank had followed the direction issued by this Court, the petitioner should have been reinstated immediately after 06.11.2009 when this Court directed the respondent Bank to reinstate the petitioner. Moreover, as the learned Senior Counsel pointed out that there are number of decisions of this Court and that of the Apex Court, which would hold that once there is an order of reinstatement, and there is a specific direction to pay back wages, the employee is entitled for the said relief. In one of the decision of the Apex Court in the case of Shobha Ram Raturi vs. Haryana Vidyut Prasaran Nigam Limited and Ors., reported in AIR 2016 SC 157 , the Apex Court has held that the appellant was entitled to all consequential benefits. The fault lies with the respondents in not having utilised the services of the appellants for the period from 1.1.2003 to 31.12.2005. Had the appellant been allowed to continue in service, he would have readily discharged his duties. Having restrained him from rendering his services with effect from 1.1.2003 to 31.12.2005, the respondent cannot be allowed to press the self serving plea of denying him wages for the period in question, on the plea of the principle of “no work no pay”. 10. In the light of the above, the petition succeeds and the portion of the impugned order which reads, “However, the date from which he had last worked i.e,. 10. In the light of the above, the petition succeeds and the portion of the impugned order which reads, “However, the date from which he had last worked i.e,. 04.08.2008 till 30.09.2013 i.e., the date of his normal superannuation will not be treated for any purpose whatsoever” is hereby quashed and set aside. The respondent Bank shall pay the petitioner the salary for the period 04.08.2008 till 30.09.2013 and compute the pension, gratuity, leave encashment and commutation of pension by including the period between 04.08.2008 till 30.09.2013 as qualifying service for determination of all the terminal benefits. Though there is a prayer for payment of interest, the learned Senior Counsel fairly submits that the petitioner will not press for payment of interest. 11. Recording the said submission, the petition is allowed in terms of the above. 12. The respondent Bank shall pay the arrears of salary and all other benefits as stated above, as expeditiously as possible and at any rate within a period of three months from the date of receipt of copy of this order. No order as to costs.” 8. This Court has carefully gone through the documents on record and the order passed by the learned Single Judge. In the earlier round of litigation while deciding WP.No.40303/2008 on 06.11.2009 the learned Single Judge in paragraph 9 has held as under : “9. In the result, I pass the following order: (i) The order at Annexure-K dated 31.07.2008 passed by the 2nd respondent is hereby quashed. The petitioner is directed to make an appropriate application before the Committee constituted by the State Government as per the order dated 6.5.2009 within a period of eight weeks from today seeking validity of his caste certificate. (ii) The Committee shall issue notice to the respondents herein as also to the Deputy Commissioner of Gulbarga District and hear the parties and pass appropriate order thereon in accordance with law. (iii) The first and 2nd respondents are directed to reinstate the petitioner within a period of four weeks from the date of receipt of copy of this order, subject to the result of the order which may be passed by the Committee referred to above. With these observations, the writ petition is disposed of. No costs.” 9. Thus, there was a clear direction issued on 06.11.2009 to reinstate the respondent – employee into service. With these observations, the writ petition is disposed of. No costs.” 9. Thus, there was a clear direction issued on 06.11.2009 to reinstate the respondent – employee into service. Thereafter, the appellant – bank has preferred a writ appeal in the matter and paragraphs 5 to 8 of the judgment passed in WA.No.10012/2010 read as under :- “5. Keeping in view all the facts noticed hereinabove, we are satisfied that ends of justice would be met, if the instant writ appeal is disposed of with a direction that the rival parties will be bound by the determination of the Caste Verification Committee. In case the Caste Verification Committee upholds the Caste Certificate issued to the first respondent by the Tahsildar on 17.11.1977 (vide Annexure-A), the impugned order passed by the appellants terminating the services of the first respondent vide Order dated 29.4.2003 (vide Annexure-G) and all consequential orders will be deemed to be set aside; and the order passed by the learned Single Judge dated 6.11.2009 allowing W.P.No.40303/2008 will be deemed to be upheld. In the instant eventuality, the first respondent shall be entitled to all consequential benefits. 6. On the contrary, if the Caste Verification Committee gives a report depicting that the first respondent does not belong to the Scheduled Tribe category, then the order dated 29.4.2003 (vide Annexure-G) will be deemed to be upheld and consequently the impugned judgment rendered by the learned Single Judge dated 6.11.2009 disposing of W.P.No.40303/2008 will be deemed to have been set aside. 7. In view of the issuance of the aforesaid directions, it becomes imperative for us to direct the Caste Verification Committee to record its findings, one way or the other, within 3 months from the date of receipt of a certified copy of this order. If the appellants so desire they shall be granted liberty to participate before the Caste Verification Committee. To express the desire to participate in the proceedings of the Caste Verification Committee the appellants shall move an appropriate representation. The responsibility to furnish the certified copy of this order to the Caste Verification Committee, shall rest on the shoulders of the first respondent. Accordingly, we are satisfied that the interim directions passed by this court on 8.2.2010 should continue to operate till a determination is rendered by the Caste Verification Committee. 8. The writ appeal is disposed of with the above observations. Accordingly, we are satisfied that the interim directions passed by this court on 8.2.2010 should continue to operate till a determination is rendered by the Caste Verification Committee. 8. The writ appeal is disposed of with the above observations. At the relevant stage, we will say that, if the appellants so desire, they shall have liberty to participate before the Caste Verification Committee so as to assist it in furtherance of the application filed by the first respondent dated 28.12.2009.” 10. Paragraph 5 of the aforesaid judgment makes it very clear that in the earlier round of litigation it has been held that in case a finding is given in favour of the employee, he shall be entitled for all consequential benefits. There was a categorical direction given by the learned Single Judge dated 06.11.2009 to reinstate the respondent – employee and there was a categorical direction given by the Division Bench of this Court in writ appeal directing that in case an order is passed in favour of the employee, the order passed by the learned Single Judge dated 06.11.2009 allowing WP.No.40303/2008 will be deemed to be upheld and the respondent – employee will be entitled for all consequential benefits. 11. The other important aspect of the case is that the appellant – bank has not challenged the order dated 09.12.2010 passed in WA.No.10012/2010. Once the earlier order canceling the caste certificate was set aside and the matter was referred to the Caste Verification Committee at the best, the respondent – employee was certainly entitled for reinstatement and the appellant – bank could have treated the employee under suspension. However, the bank has erroneously held that he will not be entitled for any benefit for the period w.e.f., 4.8.2008 to 30.9.2013 and in those circumstances, the learned Single Judge has granted back wages and all consequential benefits. 12. This Court has carefully gone through the order passed by the learned Single Judge and is of the opinion that the bank could have certainly placed the employee under suspension pending verification of the caste status by the high power committee and the employee would have been entitled for subsistence allowance. 12. This Court has carefully gone through the order passed by the learned Single Judge and is of the opinion that the bank could have certainly placed the employee under suspension pending verification of the caste status by the high power committee and the employee would have been entitled for subsistence allowance. Resultantly, this Court after taking into account the facts and circumstances of the case is of the opinion that the interest of justice would be sub-served by granting 50% of the back wages to the employee instead of granting him full back wages for the period in question i.e., w.e.f., 04.08.2008 till 30.09.2013 as he has not worked during the aforesaid period. 13. Accordingly, the order dated 02.04.2019 passed by the learned Single Judge in WP.No.29870/2014 is modified. The employee in question shall be entitled for 50% of the back wages for the period w.e.f., 04.08.2008 till 30.09.2013 and the period shall be taken into account for the purpose of computation of pension, gratuity, leave encashment, commutation of pension, notional fixation of salary and grant of increments, meaning thereby for all purposes except for grant of back wages, which has been confined to the extent of 50% only by this Court. With the aforesaid, the No orders as to costs.