IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.264 of 2003 GAURI SHANKAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 12 20-08-2008 Heard learned counsel for the petitioner. Nobody appears on behalf of the State or its officials. On behalf of petitioner it has been submitted that during pendency of this writ petition only an amount of Rs.1,61,902/- as recorded in order dated 3-5-2005 has been paid towards arrears of salary. According to the petitioner he was not paid any salary for about 13 years i.e. from 15-9-1989 to 12-1-2002 and for that petitioner has made a specific prayer. From annexure-4 dated 13-11-1995 it appears that earlier petitioner was in the service of Notified Area Committee, Hasanpur and on the recommendation of the Block Development Officer, Bithan he was permitted to work in the Block Office at Bithan and continued to work there till the impugned order dated 20th January, 2002 ( Annexure-7) was issued by the B.D.O. Bithan terminating his deputation in the Block Office. The law is well-settled that deputationist has no right to continue against the wishes of the department where he is working on deputation. Hence petitioner’s grievance against annexure-7 has no merit. The prayer to quash annexure-7 is rejected. Since this court has earlier entertained petitioner’s prayer for arrears of salary which appears to be due even for the period when he was working in the Notified Area Committee, Hasanpur, it is apparent that - 2 - the authority of the Hasanpur Notified Area Committee as well as the Block Development Officer, Bithan and superior Government officers are jointly liable for paying petitioner’s arrears of salary in accordance with law. Learned counsel for the petitioner has submitted that the respondents have given calculation chart and his dues are admitted as per annexure-12 issued by the B.D.O.Hasanpur. This court is not in a position to decide the exact lawful dues of the petitioner towards arrears of salary. Since nobody appears on behalf of the State it would not be proper to go into further details of arrears of salary. However, for the period prior to petitioner’s deputation his salary should be paid by the concerned Notified Area Committee, Hasanpur in accordance with law and for the period petitioner was on deputation in the Block office at Bithan his dues of salary should be paid by the State Government in accordance with law. The concerned authorities will be entitled to work out the arrears after deducting the amount which has been paid to the petitioner during the pendency of the writ petition. The arrears of salary payable for the period petitioner was on deputation in Block Office at Bithan must be paid within four months from the date of production/communication of a copy of this order before the Collector, Samastipur. So far as dues of Notified Area Committee is concerned, the same shall be paid by its Executive Officer, respondent no.4 within the same period. If the notified area has been dissolved then whosoever is incharge of its asset and liability shall pay the lawful dues of the petitioner in accordance with law within the aforesaid period of four - 3 - months from the date of production/communication of a copy of this order. The writ petition is disposed of. Naresh (Shiva Kirti Singh,J)