S D N SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 4.12.2000 (Annexure -1) whereby the petitioners have been communicated that they shall not be entitled for salary for the unutilised period of earned leave.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that petitioner nos. 1 and 2 were appointed as the Chairman and Member of the Vidalaya Seva Board. Petitioner no. 1 worked in the said capacity from 4.4.1991 to 3.4.1997 and petitioner no. 2 from 16.2.1991 to 15.2.1997. It is their grievance that they have not been paid the salary in lieu of unutilised earned leave.

(3.) IT seems that the representation of the petitioners were not disposed of within the time stipulated. Ultimately, they filed application for initiating contempt proceeding against the respondents. Said application was registered as M.J.C. No. 608 of 2002 (Dr. S.D.N. Singh & anr. V/s. The State of Bihar & Ors.). When the aforesaid application was taken up on 5.10.2001, the respondents produced the decision taken in regard to the claim of the petitioners and ultimately, contempt proceeding was dropped and the petitioners were given liberty to assail the said order in accordance with law. Accordingly, petitioners have preferred this application for quashing the impugned order.