1. RAJA BASHIR AHMAD KHAN (CHAIRMAN).---The appellant had prayed for setting aside the order of his compulsory retirement and restoration to the original post with all back benefits. During the hearing of the case it transpired that the appellant has been reinstated by the orders of competent authority. On 7-8-1993 the Legal Advisor Forests Department confirmed that the appellant had been reinstated. The appellant's counsel on 23-8-1993 produced the photostat copy of the order of the reinstatement of the appellant. From the perusal of the Order No. 44 issued under No. 3,884- 86/92 dated 20-2-1992 it becomes clear that the appellant was reinstated against a post which became vacant on account of retirement of Gul Nawaz, Forests Guard. The learned counsel for the appellant has submitted that it is not clear from the order whether the appellant has been reinstated from the date of the order of his compulsory retirement. The apprehension of the learned counsel is unfounded. The order of reinstatement clearly states that the reinstatement of the appellant is against the post which became vacant as a result of the retirement of the Gul Nawaz, Forest Guard. The word `reinstatement' means the restoration of the person to a position from which he had been removed. In this view of the matter, the appellant shall be deemed to have been restored to that position which he was occupying or enjoying on the date when the order of his compulsory retirement was made and thus he is entitled to all back benefits, The present appeal has become infructuous on account of the reinstatement of the appellant by the orders of the competent authority and is, therefore, disposed of accordingly.
2. H.B.T./225/Sr.A