Parkash Chand vs S.S. Grewal And Ors. on 18 February, 1974
From these observations it is quite clear that when the dismissal of a Government servant is declared to be illegal, void or ineffective, a declaration as to his legal stains of having remained a Government servant throughout is given as if the order of dismissal never existed. The result is that he is restored to his status of a Government servant and becomes entitled to enjoy all the benefits and privileges including emoluments for the entire period during which his dismissal remained in operation subject to the law of limitation or other defences open to the Government. Such a question was raised before a .Division Bench of this Court in L. G. Danerum v. State of (Delhi, L. P A. No. 9CKD of 1961, decided on March 8, 1963, and Falshaw, Section 4, speak;ng'for the Bench, made the following pertinent observations: