IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3625 of 2009 S.M.EKRAMUDDIN, son of Late S.M. Nasiruddin, Resident of village Simli, P.S. Bihta, District Patna, presently posted as a Senior P.A. to the Commissioner, Saran Division at Chapra Versus 1. THE STATE OF BIHAR 2. The Commissioner, Saran Division, Chapra 3. The District Magistrate, Chapra 4. The Secretary to Commissioner, Saran Division, Chapra 5. The Treasury Officer, Chapra ----------- For the Petitioner :Mr. Satyavrat Verma, Advocate For the State : Mr. Giridhar Gopal Tiwary, A.C. to AAG-II 03/ 24.6.2009 Heard learned counsel for the petitioner and the Respondents. 2. Petitioner earlier served as Senior Personal Assistant to the Divisional Commissioner, Saran Division, Chapra. His services were terminated under order dated 29.2.2008, which termination order he challenged by filing C.W.J.C.7378 of 2008, which was allowed and the termination order was quashed under order dated 8.9.2008, Annexure-3 to this application. Against the order dated 8.9.2008, Annexure-3 to this application, the State respondents preferred L.P.A. No. 9 of 2009, which was also dismissed on 19.1.2009, Annexure-8 to this application, whereafter joining of the petitioner as Senior Personal Assistant has been accepted on 5.2.2009, subject to the result of the S.L.P. which the State respondents have filed against the order dated 19.1.2009, passed in L.P.A. No. 9 of 2009. 3. This writ application has been filed for a direction to the State respondents to pay the arrears of salary of the petitioner for the period 1.3.2008 till 4.2.2009, the period between his termination and the date of joining as after acceptance of joining petitioner is being - 2 - paid his current salary. The High Court having quashed the termination order under orders dated 8.9.2008, Annexure-3, which has also been affirmed by the Division Bench of this Court under orders dated 19.1.2009, passed in L.P.A. No. 9 of 2009, I do not see any good reason for not paying the arrears of salary to the petitioner for the period between 1.3.2008 till the ate of his joining i.e. 4.2.2009, as till date the authorities have not been able to obtain any stay order from the Hon’ble Supreme Court. 4. In the circumstances, I direct the State respondents to pay the arrears of salary to the petitioner for the period between 1.3.2008 till 4.2.2009 on his filing undertaking on affidavit before the Divisional Commissioner, Saran Division, Chapra that he shall refund the amount paid in the light of the aforesaid two orders dated 8.9.2008 and 19.1.2009 if the S.L.P. filed against those orders is allowed by the Hon’ble Supreme Court. Necessary payment in compliance of this order be made as early as possible, in any case within one month from the date of filing of the affidavit before the Divisional commissioner, Saran Division, Chapra. 5. With the aforesaid observation and direction, this application is disposed of. Arjun/ (V.N. Sinha, J.)