(J) Where the dismissal, removal or compulsory retirement of a Sansthan employee is set aside by a Court of law and such Sansthan employee is reinstated without holding any further inquiry, the period of absence from duty shall be regularised and the Sansthan employee shall be paid pay and allowances in accordance with the provisions of sub-regulation (2) and (3) subject to the directions, if any, of the Court.
(2) If the dismissal, removal or compulsory retirement of a Sansthan employee is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid 13 the full pay and allowances for the period, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be.
(3) The payment of allowances under sub-regulation (2) shall be subject to all other conditions under which such allowances are admissible.
(4) Any payment made under this regulation to a Sansthan employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement. Where the pay and allowances are admissible under this regulation are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the Sansthan employee.