SATISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH consent of the parties, this appeal is being heard for final disposal at the stage of admissionitself.

(2.) IN this Letters Patent Appeal the challenge is against the order of the learned Single Judge dated 26.6.2006 recorded in CWJC No. 3852 of 2005, whereby and whereunder it has been held that the original writ petitioner would not be entitled to consequential benefits to get the salary for the period 10.8.2000 to 27.5.2001. Hence, this Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court. The appellant is the original writ petitioner, who came to be appointed on the post of Health Educator in 1994 by the respondents. The services of the appellant and others had been terminated on 18.11.1995 by the respondents, which was challenged earlier by other persons successfully and the Court granted the arrears of salary during which the Government could not or did not issue orders for posting.

(3.) SAME is the case here. A person, who has been appointed and if no further progress in payment of salary is made, action can ' be taken. In the present case, the appellant was appointed as early as on 14.2.1994 and thereafter his services came to be terminated on 18.11.1995 by the respondent without any clear or cogent reason, which was quashed by this Court. The appellant, therefore, has to be appointed with effect from the date he was selected and appointed by the respondent -authorities. The appellant and others are in service, but the appellant has not been paid the salary for the aforesaid period of almost ten months. There is no any legitimate reason why the appellant is deprived of the salary of that period when similarly situated persons have already been paid that too for the reasons that there is no fault on the part of the employees but fault was on the part of the respondent -authorities in not issuing the orders after the quashment of the termination order.