BINAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner in this writ application has made a prayer for payment of his salary for the period 1.6.2006 to 9.6.2007 as also for travelling allowance (T.A.) for the period 2.8.2005 to 9.6.2007 amounting in aggregate to Rs. 83,125/-.

(2.) In this case a counter affidavit has been filed wherein it has been stated that the petitioner's salary for the period 1.6.2006 to 31.6.2007 has already been paid and that the petitioner will not be entitled for any payment of salary from 1.8.2006 to 9.6.2007, inasmuch as his contract of employment in terms of the agreement dated 2.8.2005, as contained in Annexure-7, was never renewed.

(3.) Counsel for the petitioner has submitted that though there was no written extension of contract but the fact remains that the petitioner was orally instructed to work even after expiry of the period of contract i.e. from 1.8.2006 till 9.6.2007 and as such, the petitioner will be entitled for payment of salary for the aforementioned period.