K.P Bhandari, J.:— The Assistant Advocate General cites State of Madhya Pradesh v. Syed Qomarali . 1967 S.L.R 228 S.C. He submits that even if the order is setaside no arrears of pay to a Government servant can be allowed beyond three years. Mr. B.R Mahajan, Advocate, counsel for the respondent has not been able to rebut this legal position. After hearing the learned counsel for the parties, I am of the opinion that the judgment and decree passed by the courts below should be modified to the extent that the plaintiff-respondent will be entitled to pay and allowances which were payable to him three years preceding the date of institution of the suit. It is further clarified that he shall be entitled to pay and allowances for the subsequent period from the date of decree till the date of payment. The appeal is partly accepted.
2. With these observations, the judgment and decree passed by the courts below is modified to the extent indicated above. The parties are left to beat their own costs.
R.M.S
Order modified.