IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1980 of 2007
1. Mohan Lal Sah, Son of Late Surya Narayan Sah,
Resident of Mohalla- Aliganj, P.O.- Banka, P.S.
Banka, District- Banka.
2. Md. Shaukat Ali, son of Late Sirazuddin
Resident of Village- Mahila, P.O.- Bisanpur,
P.S.- Dhoraiya, District- Banka :---
petitioners.
Versus
1. The State Of Bihar
2. Commissioner and Secretary, Water Resources
Department, Govt. of Bihar, Patna.
3. Deputy Secretary, Revenue Administration, Water
Resources Department, Govt. of Bihar, Patna.
4. Chief Engineer, Water Resources Department,
Bhagalpur.
5. Executive Engineer, Irrigation Division, Bounsi,
District- Banka.
6. Executive Engineer, Irrigation Division,
Sikandra, District- Jamui :---respondents.
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3. 12.08.2011. Heard learned counsel for the petitioners and
the State.
2. Petitioners are presently serving as
Revenue Clerk under the Deputy Collector, Revenue
Division, Tarapur, Munger in compliance of the order
of the High Court dated 25.8.1995 passed in
C.W.J.C.No. 2296 of 1985 which was heard along with
C.W.J.C.No. 1631 of 1984, whereunder this Court set
aside the termination order passed against the
petitioners of the aforesaid two writ petitions. In
compliance of the aforesaid order dated 25.8.1995
petitioners were reinstated in service under order
bearing Memo No. 101 dated 16.2.1996 issued under
the signature of Deputy Collector, Revenue Division,
Tarapur which is at page-26 of the brief. Present writ
petition has been filed for a direction to the State-
respondents to pay the petitioners arrears of salary for
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the period during which they remained out of
employment on account of the termination order
passed against them by the authorities of the State
Government. The termination order passed against
the petitioners and others was the subject matter of
the aforesaid C.W.J.C.No. 2296 of 1985 which was
heard along with another C.W.J.C.No. 1631 of 1984
and this Court under orders dated 25.8.1995 quashed
the termination order passed against the petitioners of
C.W.J.C.No. 2296 of 1985 as also against the
petitioners of C.W.J.C.No. 1631 of 1984. Petitioners of
C.W.J.C.No. 1631 of 1984 after their reinstatement
filed yet another writ petition bearing C.W.J.C.No.
7320 of 1998 praying, inter alia, to direct the State-
respondents to pay the petitioners of the said writ
case arrears of salary for the period during which they
remained out of employment i.e. for the period
between 16th December, 1982-2nd November, 1986.
3. This Court under orders dated 27.10.1999
passed in C.W.J.C.No. 7320 of 1998, Annexure-3
directed the State-respondents to make payment to
the petitioners of C.W.J.C.No. 7320 of 1998 who were
also petitioners in C.W.J.C.No. 1631 of 1984 the
arrears of salary for the period between 16.12.1982-
2.11.1986. Present writ petition has been filed for the
similar relief which was granted to the petitioners of
C.W.J.C.No. 1631 of 1984 under orders dated
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27.10.1999 passed in C.W.J.C.No. 7320 of 1998.
4. State-respondents have filed counter
affidavit duly affirmed by Executive Engineer,
Irrigation Division, Bounsi, Banka stating that as
there was specific order of this Court in the case of
petitioners of C.W.J.C.No. 1631 of 1984 vide order
dated 27.10.1999 passed in C.W.J.C.No. 7320 of
1998, Annexure-3 to pay arrears of salary for the
period between 16.12.1982-2.11.1986 during the
period when those petitioners remained out of
employment petitioners of the said writ case have
been paid their salary. Similar order having not been
passed in the case of the petitioners of C.W.J.C.No.
2296 of 1985 they have not been paid arrears of salary
for the period between 28.4.1985-16.2.1996 during
which period the petitioners of the present case who
were also petitioners in C.W.J.C.No. 2296 of 1985
were out of employment on account of termination of
their employment by the authorities of the State.
5. Having heard counsel for the parties, I am
of the view that there is nothing to distinguish the
case of the petitioners herein who had earlier moved
the High Court in C.W.J.C.No. 2296 of 1985 from the
petitioners of C.W.J.C.No. 1631 of 1984 who again
approached the High Court for payment of arrears of
salary for the period of their termination which was
allowed under orders dated 27.10.1999 passed in
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C.W.J.C.No. 7320 of 1998. In the circumstances, this
writ petition is also disposed of exactly in the same
terms which is contained in order dated 27.10.1999
passed in C.W.J.C.No. 7320 of 1998, Annexure-3. The
Executive Engineer who has sworn the counter
affidavit in the matter should ensure payment of the
arrears of salary to the petitioners also for the period
between 28.4.1985-16.2.1996, as early as possible, in
any case within a period of two months from the date
of receipt/production of a copy of this order before the
Executive Engineer.
P.K.P. (V.N.Sinha,J.)