LALLAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRAYER of the petitioners in this writ application is for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioners the salary for the period 12.10.1987 to 21.2.1993. Short facts giving rise to the present application are that by order dated 6.10.1987, services of the petitioners, who claim to have been absorbed in Class IV post, were cancelled. Petitioners aggrieved by the same, preferred C.W.J.C. No. 3205 of 1990 (Sardar Ram Bhajan Singh and ors vs. The State of Bihar and ors.) before this Court. This Court, by order dated 3.2.1993 (Annexure -4), disposed of the writ application with the following direction.

(2.) IN pursuance of the aforesaid direction, the services of the petitioners were regularised with effect from 22.2.1993. It is the grievance of the petitioners that they have not been paid salary for the period 12.10.1987, i.e. the date from which their regularization in service was cancelled till the date of regularisation i.e. 22.2.1993. It is the claim of the petitioners that the case is squarely covered by the decision of this Court dated 7.8.1998 passed in C.W.J.C. No. 11377 of 1997 (Md. Sahamat & ors vs. The State of Bihar & ors) (Annexure -8) and order dated 9.4.2004 passed in C.W.J.C. No. 13126 of 2003 (Gouri Shankar Ram & ors vs. The State of Bihar & ors).

(3.) MR . Diwakar Prasad Sinha, learned Counsel appearing on behalf of the petitioners submits that the petitioner's regularisation in service was cancelled by order dated 6.10.1987 which was given effect to from 12.9.1987 and was challenged by the petitioners in C.W.J.C. No. 3205 of 1990. He points out that this Court disposed of the writ application by order dated 3rd of February, 1993 directing the petitioners to file representation and the respondents, in turn, were directed to dispose of the representation within two months from the date of its filing. It was further observed that after inquiry, if it is found that the petitioners have been appointed after following the Recruitment Rules, their services will be restored. In the light of the aforesaid order, petitioners, services were regularised with effect from 22.2.1993. Accordingly, Mr. Sinha submits that the petitioners are entitled for the salary of the aforesaid period and in this connection, he has drawn my attention to para -7 of an order of this Court dated 7.8.1998 passed in C.W.J.C. No. 11377 of 1997 which reads as follows: