B.K.SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER seeks mandamus directing the respondents to pay arrears of salary for the period January, 1967 to January, 1996 and also the retiral dues.

(2.) PETITIONERS case is that he was appointed as a routine clerk in the Department of Industries on 8.10.1958. In 1959 he was posted at Patna Secretariat. In 1961 he was again appointed as an Industrial Extension Supervisor in the same department, namely, Department of Industries, Government of Bihar. In 1969 the services of the petitioner was terminated by the order issued by the Food Commissioner, Patna which was communicated to the petitioner at Dhanbad where he was posted. Petitioner challenged the said order of termination by filing suit being Title Suit No. 57/4 of 1971/72. In the said suit besides declaration that the termination was illegal the petitioner also claimed consequential relief. The suit was eventually decreed in terms of judgment, dated 25.06.1973 by the 1st Additional Subordinate Judge, Dhanbad. By the said decree, besides setting -aside the termination order the Court also held that petitioner is entitled to be reinstated in service with all amenities and benefits with the posts which he held last at the time of termination. The judgment and decree was challenged by the respondent before the Patna High Court in First Appeal No. 498/73. The said appeal was dismissed by a Division Bench in terms of judgment, dated 5th May, 1981. The petitioner said to have filed an application on 23.12.1993 in the aforesaid Title Suit under Section 82(1) of the C.P.C. which was withdrawn on 18.5.1994 with a liberty to file an application before the competent Court of law.

(3.) SO far retrial benefit is concerned, having regard to the fact that the order of termination was set -aside by the Trial Court and affirmed by the High Court, the petitioner is entitled to retiral dues, if any, legally payable by the respondents. In this regard petitioner may file representation which shall be considered by the respondents in accordance with law.