SUDHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE question which has fallen for consideration in this writ application is as to whether the petitioner would be entitled to get his back wages/salary on account of setting aside the order of termination and direction to reinstate him on his substantive post during the period he remained under the order of termination.

(3.) MR . Kumar Brajendra Nath, learned counsel appearing on behalf of the Bihar State Election Commission, Bihar (hereinafter referred to as Commission) on the contrary, submitted that since the petitioner remained terminated during the period 3.12.1997 to 15.9.1999, he would not be entitled for his salary as he had not worked during those period and he was not on the roll of the Commission. Learned counsel also submitted that in absence of any direction given by this court while setting aside the order of termination of the petitioner, it was not incumbent upon the respondent Commission to pay his due salary w.e.f. 3.12.1997 to 15.9.1999. Learned counsel for the respondents in support of his submissions placed reliance on the case of State Bank of India V/s. Ram Chandra Dubey and Ors. reported in JT 2000 (Suppl. 2) S.C. 590.