Radhika Kumari & Ors vs State Of Bihar & Ors on 23 June, 2009

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           C.W.J.C. No. 3180 of 1996 (R)

                 Radhika Kumari & Others..............................................................Petitioners
                                     Versus
                 The State of Bihar & Others.....................................................Respondents.

          CORAM :       HON'BLE MR.JUSTICE AJIT KUMAR SINHA

                 For the Petitioners :         Mr.V.P. Singh, Sr. Advocate
                                               M/s A.K.Sinha & Ashish Kumar Shekhar,
                                              Advoctes
                 For the Respondents:          Mr. Shamim Akhtar, G.P.-I

                                      -------------------
          C.A.V. on 28.5.2009                               Pronounced on        23.06.2009

                                      JUDGMENT

18/ 23.06.2009

In the instant writ petition the petitioners pray for following reliefs:-

(a) To accept the date of resumption of duty of the respective petitioners as
the same on which they submitted their respective applications to the
respondents in pursuance of the judgment dated 8.12.1993 passed in
C.W.J.C. No.1/92 (R).

or, in alternative to accept 5.1.94 as the date of resumption of duty
by the petitioners on which date applications of the petitioners were
received by the respondents.

(b) To direct the respondents to pay wages/salary and other financial benefits
to the petitioners with effect from 5.1.94 and not with effect from the
date on which they were reposted at different places during pendency of
contempt application.

2. Sri V.P. Singh, learned Senior counsel appearing on behalf of the 31
petitioners submits that all of them had applied for resumption of duty on 3.1.94
and 5.1.94 and they submitted their respective application in pursuance to the
judgment passed on 8.12.93 in C.W.J.C. No.1/92 (R). He further submits that
even the appeal S.L.P. No.26384 of 1994 preferred by the state challenging the
order of the High Court dated 8.12.93 was dismissed with the following
observations:-

“We are not inclined to interfere in this matter
particularly when no backwages have been given to the
appointees. The respondents will start getting their wages
only from the date they resume their services. The special
leave petition is dismissed.”

3. The learned counsel for the State submits that they have resumed their
services only with effect from 13.10.1994 and thus they are entitled to get the
salaries from the date they have resumed their services which has already been
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extended in accordance with the order passed by the Hon’ble High Court as well
as Hon’ble Supreme Court. They have also disputed the contention that they
had given their joining report on 3.1.94 on the ground that there was no record
of their application available as annexed in Annexure-2 series.

4. I have considered the submissions and the entire issue revolves around
the wages of the 31 petitioners between the period 05.01.1994 and 13.10.94 i.e.
the date on which they allegedly applied and the date on which they resumed
their duty.

5. I am bound by the specific direction issued by the Hon’ble Supreme Court
as quoted hereinabove wherein it has been directed that the respondents
(petitioner herein) will start getting their wages only from the date when they
resume their services. There is no dispute that they resumed their services w.e.f.
13.10.94 and thus they are entitled to their wages from that date only.

6. Considering the aforesaid facts and circumstance of the case, I find no
merit in the writ petition and the same is accordingly dismissed.

(Ajit Kumar Sinha, J.)
Jharkhand High Court, Ranchi
Dated the 23 June, 2009
D.S./ N.A.F.R.