GOPI KRISHNA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY an order dated 31st January, 1991, the services of the petitioner were terminated. The petitioner challenged the said termination by filing a writ petition registered as CWJC No. 1937 of 1991. The Writ Court while allowed the writ petition and set aside the notification dated 31st January, 1991 in so far as the same purported to terminate the services of the petitioner, directed that the petitioner shall be reinstated in service. The Court then provided as follows: The period from the date of services of the petitioner to the date of reinstatement shall be counted for continuity of service. However, the petitioner shall be entitled to pay and allowances on and from the date of reinstatement or from. 1st November, 1995 whichever is earlier.

(2.) A Special Leave Petition filed against this order before the Hon ble Supreme Court was dismissed on the ground of limitation.

(3.) BY reason of the judgment rendered by this Court in the said writ petition, the petitioner became entitled to pay and allowances from 1st November, 1995 at least. There is, therefore, no confusion as regards the entitlement of pay and allowances of the petitioner as well as the date from which he is entitled to the same and, accordingly, I see no reason for non -payment of pay and allowances of the petitioner. In the counter affidavit it has been admitted that the pay and allowances of the petitioner from 1st November. 1995 have not been released and paid to him until the date of his retirement. Let the same be released forthwith and paid to him, from today with 10% interest. It is made clear that the pay scale to which the petitioner was entitled to shall be released in accordance with law.