Having considered the rival submissions of the parties, it is clear that termination order dated 07.05.2007 passed by the third respondent was stayed by this Court on 23rd May, 2007 and petitioner was entitled to be reinstated, but the NOIDA did not let the petitioner join on the said post, and it preferred special appeal against the interim order, which was dismissed, thereafter the writ petition was allowed against, which again a special appeal was filed by the NOIDA which was also dismissed and special leave petition filed before the Apex Court by the authority also ended in dismissal on 26.03.2018, thus petitioner is entitled to his salary in the pay scale admissible to Gardner, as it was the authority which was not letting the petitioner join the services. Further, argument of Shri Amit Manohar does not have force that the ratio of judgment in Special Appeal No.1995 of 2013 will apply in the present case as the authority itself had challenged the order passed by this Court in special appeal as well as before the Apex Court and the matter having been decided, the same will not apply in the present case. Consequently, the writ petittion stands allowed and respondent No.3 is directed to release all the consequential benefits as held by order dated 01.10.2015 in Writ Petition No.24408 of 2007 and further petitioner is entitled to salary payable to Gardner along with interest @ 6% from 07.05.2007.
