IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8179 of 2005 MADAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 10.7.2008. Heard learned counsel for the petitioner and the Zila Parishad, Patna. 2. Petitioner earlier served as a Class-III employee with the Patna Jila Parishad. He has filed this writ application for setting aside the order dated 20.9.2004 passed by the Deputy Development Commissioner-cum-Chief Executive Officer of the Zila Parishad, whereunder it has been held that the petitioner is not entitled for any salary for the period between October 1992 till the date of his superannuation i.e. 30.6.1997 as during the said period he remained under unauthorized absence. 3. It is submitted on behalf of the petitioner that the said order is absolutely contrary to the Rules as before passing such order no enquiry in presence of the petitioner was ever made by the authorities of the Jila Parishad for unauthorized absence for the period between October 1992 till 30.6.1997. In this connection it is pointed out with reference to the letter No. 20 dated 19.4.2003 of the District Engineer, Patna, Annexure-2 that the salary of the petitioner for the aforesaid period could not be paid as the duty chart for the said period was not forwarded by the Junior Engineer Bikram Section, Patna to the paying authority. In this connection petitioner has also referred to the letter of the Deputy Development Commissioner bearing No. 99 of 1998 issued in January, 1999 in which after making inquiry directions - 2 - were issued to pay the arrears of salary for the aforesaid period between October 1992 till June 1997 to the petitioner. Such letter, however, is not on record. 4. Counsel for the Zila Parishad has refuted the submissions of the petitioner as according to him petitioner remained absent for the period between October, 1992 till the date of his superannuation, as such, according to learned counsel, petitioner is not entitled for any salary for the said period. He further submitted that Zila Parishad having taken a lenient view of the matter has included the said period for the purposes of pensionable service. 5. Having heard counsel for the parties, I direct the Deputy Development Commissioner-cum Chief Executive Officer, Zila Parishad to verify the duty chart of the petitioner for the period between October 1992 till the date of his superannuation after obtaining the same from the Junior Engineer concerned and if he has marked his attendance during the said period then the arrears of salary for the said period be paid to the petitioner. Necessary exercise in compliance of this direction be made as early as possible, in any case, within a period of two months from the date of receipt/production of a copy of this order. 6. This writ application is accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)