1. ' Learned counsel for the respondents has stated that they are prepared to reinstate the petitioner in accordance with, the judgment dated 13-5-2005 of the Federal Service Tribunal but they are unable to do so because the petitioner is not willing to refund the gratuity/conunutation/ pension drawn by him, as required under the provisions of the Civil Pensioners Rules No,2605 and 2606/C.S.R.51.1 and 512. It is, however, observed by the Tribunal that the above cited Rules are applicable in the case of "re-employment" in service and are not relevant in the instance case wherein the petitioner was ordered to be reinstated in service. The petitioner is no doubt liable to refund the amount of gratuity/ commutation/pension received by him but the learned counsel for the petitioner pleads that the petitioner is unable to do so in lump sum because he is unemployed ever since his compulsory retirement.
2. ' In order to resolve the matter it is decided as follows:--
(i) the petitioner shall be reinstated in service with effect from the date of his compulsory retirement i,e, 6-7-2001 as already decided by the Federal Service Tribunal vide judgment, dated 13-5-2005;
(ii) since the Federal Service Tribunal's judgment dated 13-5-2005 states that the payment of back-benefits shall depend on The outcome of the fresh proceedings, the, period from 6-7-2001 to the date of judgment i,e, 13-5-2005 may for the time being, be treated as leave of the kind due.
3. However, if the petitioner is exonerated in the de novo proceedings, he petitioner shall become entitled to receiving the full consequential back-benefits for the period from 6-7-2001 to 13-5-2005;
(iii) the period from 13-5-2005 onwards shall be treated as on duty in accordance with the judgment, dated 13-5-2005 of the Federal Service Tribunal. Although the respondents have failed to reinstate him in service so far but the learned counsel for the respondents has undertaken before the Tribunal today that the petitioner shall be reinstated in service w,e,f, 1-5-2006;
(iv) the emoluments accruing to the petitioner in the light of (ii) and (iii) ante i,e, for the period from 6-7-2001 to 13-5-2005 and for the period from 13-5-2005 to 30-4-2006 shall be adjusted against the amount disbursed to 'the petitioner on account of gratuity/ Commutation/pension;
(v) the remaining balance, if any, to be recovered from the petitioner shall be refunded by him in monthly instalments @ 1/3rd of his salary per month starting from 1-5-2006 onwards;
(vi) since the petitioner will be actually reinstated in service w,e,f, 1-5-2006, he shall not receive any pension, etc. ' The respondents are directed to comply with the above ordersand finalize the de novo inquiry, if so decided, within a period of three months.
4. ' With the above directions, and M.P. Is disposed of.