IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8118 of 2010 1. DHIRAJ KANT S/O SHRI DIP NARAYAN PRASAD R/O VILL.- KUKRA, P.S. BUNIYADGANJ, DISTT.- GAYA 2. SHIV DHARI PRASAD S/O LATE GANPAT MAHTO R/O VILL.- PATER, P.S. WAJIRGANJ, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT MAGISTRATE, GAYA 4. THE GAYA MUNICIPAL CORPORATION THROUGH ITS CHIEF EXECUTIVE OFFICER, GAYA 5. MUNICIPAL COMMISSIONER, GAYA MUNICIPAL CORPORATION, GAYA With CWJC No.8265 of 2010 1. PAWAN KUMAR S/O SHRI GOPAL SHARAN R/O MOH KOIRI BARI, P.S.CIVIL LINES, DISTT-GAYA 2. MANORANJAN PRASAD SINHA S/O LATE CHANDRIKA PRASAD R/O MOH MARANPUR, P.O.CHAND CHOURA, P.S.CIVIL LINES, DISTT-GAYA 3. SATYENDRA NARAYAN SINHA S/O SHRI JAMUNA SINGH R/O VILL & P.S. GOH, DISTT- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT MAGISTRATE GAYA 4. THE GAYA MUNICIPAL CORPORATION THROUGH ITS CHIEF EXECUTIVE OFFICER GAYA 5. MUNICIPAL COMMISSIONER, GAYA MUNICIPAL CORPORATION GAYA ----------- 02. 20.05.2010 Heard learned counsel for the petitioners and the counsel for the Gaya Municipal Corporation. 2. Petitioners in the two writ application(s) are the Class-IV employee serving the Gaya Municipal Corporation. They have filed the writ application(s) for a direction to the authorities of the Corporation to pay their salary in compliance of the orders of this Court dated 30.7.2009 passed in C.W.J.C. No.14089 of 2003 and other analogous matters, Annexure-3 as also the current salary. Services of the petitioners were earlier terminated, against which they filed the writ application which was disposed of under orders dated 30.7.2009 setting aside the termination order with direction to the Corporation not to pay the back wages for the period of termination. In compliance of the orders of this Court petitioners submitted their joining on 10/11/27.8.2009. The joining - 2 - letters are contained in Annexure-4 series in C.W.J.C. No.8118 of 2010 and Annexure-5 series in C.W.J.C. No.8265 of 2010 but it is said that the same was accepted under order bearing Memo No.160 dated 27.2.2010 with effect from 2.3.2010, Annexure-5 in C.W.J.C. No.8118 of 2010. 3. It is submitted on behalf of the petitioners that there is no justification for the Municipal Commissioner, Gaya Municipal Corporation not to accept the joining of the petitioners with effect from 10/11/27.8.2009. 4. Having heard counsel for the petitioners and the Gaya Municipal Corporation, I direct the Municipal Commissioner, Gaya Municipal Corporation to release the current salary of the petitioners with effect from 2.3.2010 forthwith and thereafter to consider and dispose of the representation of the petitioner dated 20/23.3.2010 for payment of arrears of salary with effect from 11/27.8.2009 as also for the period prior to the issue of the termination order in accordance with law as early as possible, in any case within two months from the date of receipt/production of this order before the Municipal Commissioner. It is, however, made clear that if the Municipal Commissioner is satisfied that petitioner should also be entitled for arrears of salary for the period 11/27.8.2009 till 2.3.2010 as also for the period prior to the termination order, the petitioners should be paid such amount as early as possible, in any case within a reasonable time from the date of order of the Municipal Commissioner. 5. The two writ application(s) are, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 3 -