The Patna High Court, in two connected writ petitions, directed the District Magistrate, Katihar, to calculate and pay the petitioners' admitted salary dues for the period from their appointments to the date of cancellation, within three months.
Direction to District Magistrate, Katihar to calculate and pay admitted salary dues within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11889 of 2008
======================================================
Megh Nath Rai son of late Naresh Rai, presently Chowkidar(07//04) of Abadpur Police Station, residentof village Basantpur, P.O. Shivanandpur, P.S. Abadpur,District Katihar,
.... .... Petitioner Versus
… Respondents
======================================================
with Civil Writ Jurisdiction Case No.11900 of 2008
====================================================== Budhi Rai son of late Kalu Rai, resident of village VAjeedpur, P.O. Chigra, P.S. Abadpur, District Katihar,
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance : (In CWJC No.11889 of 2008) For the Petitioner : Mr. Md.Musowir, Advocate For the State : Mr. Kaushal Kumar Jha, AAG 14 (In CWJC No.11900 of 2008) For the Petitioner : Mr. Md.Musowir, Advocate
For the State : Mr. Kumar Alok, SC 8
Mr. Raj Kumar Singh, AC to SC 8 ===========================
Patna High Court CWJC No.11889 of 2008 (5) dt.05-11-2015
2
CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
5 05-11-2015
Heard learned counsel for the petitioners and the State.
These writ petitions have been filed seeking direction to the respondents for making payment of salary to the petitioners since the dates of their respective appointments.
Petitioners claim that they have been appointed as Chowkidars in place of their respective fathers who were working on that post and have died.
Counter affidavits have been filed on behalf of the State stating that the letter on the basis of which such appointments were made already stood cancelled and since there was no basis for such appointment, the respective appointments have already been cancelled.
Be that as it may, even in such case the petitioners, who were admittedly appointed and work has admittedly been taken from them, would be entitled for salary/emoluments in accordance with law for the period for which the work has been taken from them.
Accordingly, I dispose of both the writ petitions with a direction to the District Magistrate, Katihar, to calculate the dues of the petitioners from the respective dates of their appointments till the date of cancellation of their respective
Patna High Court CWJC No.11889 of 2008 (5) dt.05-11-2015
3
appointments and make payment of the admitted dues of the petitioners within a period of three months from the date of receipt/production of a copy of this order.
(Dr. Ravi Ranjan, J)
SC/-
U
2 issues framed by the court
Whether the petitioners are entitled to salary/emoluments for the period they worked after their appointments were cancelled.
Whether the respondents are directed to calculate and pay the admitted dues within a specified period.
Megh Nath Rai
Budhi Rai
State of Bihar
District Magistrate, Katihar
Sub-Divisional Officer, Barsoi
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
