SHASHI BHUSHAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner the salary for the period 10.8.2000 to 27.5.2001 as also the salary for the period September to November, 1995.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as Health Educator in the year 1994 by order dated 18.11.1995. His service was terminated. He alongwith other persons whose services were terminated filed C.W.J.C. No. 4834 of 1996 (Satish Kumar & Ors. V/s. The State of Bihar & Ors.) before this Court. This Court, by order dated 10th of August, 2000, found the termination of the service of the petitioner to be not in accordance with law and accordingly, quashed the same. However, this Court, denied to the petitioner the back wages but observed that "the petitioners would be entitled to continuity of seniority as if the impugned order was never passed".

(3.) COUNTER affidavit has been filed on behalf of respondent no. 3 in which it has been stated that the petitioner was not waiting for posting from 10.8.2000 to 27.5.2001 and as he had not worked for the aforesaid period, he is not entitled for salary of the said period.