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2004 DIGILAW 1240 (PAT)

Suresh Chandra Singh v. State Of Bihar

2004-12-14

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard counsel for the parties. 2. Prayer of the petitioner pertains to payment of arrears of salary and admissible allowances with effect from 20th October, 1995 to 11.3.1998. 3. It is submitted by learned counsel for the petitioner that the petitioner reported his joining on 20th October, 1995 and while he was functioning under the respondents, a communication was made to the Superintendent of Police by the Inspector of General of Police, as contained in Annexure-3, to the effect that the services of the petitioner would be deemed to have been terminated in view of Rule 74 of the Bihar Service Code, but till date no such order has been passed by the o Superintendent of Police. However, the petitioner challenged the communication aforesaid before this Court in CWJC No.7081 of 1997 and this Court directed the disciplinary authority to take decision in the matter within a period of three months and pursuant to direction of this Court the petitioner reported his joining again on 1.4.1998. Learned counsel, in this view of the matter, submitted that since the petitioner had worked in between 20th October, 1995 and 11.3.1998, he is entitled to get his salary with admissible allowances. 4. Learned counsel for the State, on the contrary, submitted that during the period aforesaid, the petitioner had never worked nor the petitioner had made any grievance about non-payment of arrears of salary before this Court. 5. Learned counsel for the petitioner now submitted that this question was not raised in the earlier writ application, as action of the respondent authorities, issued in terms of Rule 74 of the Bihar Service Code, was challenged. It is further submitted that after rejoining the petitioner is getting his salary etc. 6. Considering the facts and circumstances of the case, In my opinion, it would not be appropriate to issue any positive direction to the respondent authorities to make payment of arrears of salary, as claimed by the petitioner. However, the petitioner will be at liberty to represent his case before the authorities claiming his arrears of salary for the period 20th October, 1995 to 11.3.1998 and in case, it is so done, the same would be considered and disposed of by speaking order in accordance with law within a period of three months from the date of filling of the representation. With the direction/observation aforesaid, this application is disposed of.