IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10344 of 2010 1. Mithilesh Kumar Singh S/O Sri Awdhesh Kumar Singh R/O Mohalla Saristabad, P.S. Gardanibag, Distt.- Patna Versus 1. The State Of Jharkhand Through Its Secretary, Department Of Home, Ranchi 2. The Secretary Department Of Transport, Jharkhand, Ranchi Null Null 3. The Commissioner, Department Of Transport, Jharkhand, Ranchi 4. The State Of Bihar Through Its Secretary Department Of Home, Old Secretariat, Bihar, Patna 5. S.P. Purnea 6. S.P. Saran, Chapra 7. S.P. Siwan ----------- 3. 03.11.2011 Heard learned counsel for the petitioner, the State of Bihar and also for the State of Jharkhand. The claim for arrears of salary pertains partly to the State of Bihar and partly to the State of Jharkhand. The period July/August 1987 and July 1991 pertain to the State of Bihar. The counter affidavit on its behalf states that the former has been paid and the latter has been forwarded to the authorities in the district of Siwan for compliance by payment on 1.9.2010. If the payment has not been made to the petitioner till date, let the same be so done within a maximum period of eight weeks from the date of receipt/production of a copy of this order before the Superintendent of Police, Siwan. In so far as the salary with regard to the 2 period of posting in Purnea is concerned, the counter affidavit speaks of a departmental proceeding in which final order for withholding the salary has been passed when the petitioner has represented before the Superintendent of Police. The counter affidavit is inconclusive thereafter. If a departmental proceeding was held and final order withholding salary passed any variation can be done only in accordance with law. Considering that the matter relates to the year 1984, the Court is not persuaded to reopen such a stale matter by giving any positive direction at this stage except observing that if the representation of the petitioner had been entertained, naturally it was required to be disposed off in accordance with law. The claim for arrears of salary for the period October, 2001 to May, 2003 pertains to the time when he was discharging duties in what is now the State of Jharkhand. No counter affidavit has been filed on its behalf. Counsel for the State of Jharkhand from the letter dated 24.8.2004 issued by the Home Department is not able to satisfy the Court why the petitioner is not entitled for wages for between the period 14.10.2001 to 11.1.2002 as waiting for 3 posting ordered to be regularized also. The Court therefore allows the same to be paid to the petitioner. The Court upholds the submission on behalf of the State of Jharkhand that the claim for salary from 12.1.2002 till May, 2003 whereafter the petitioner joined the State of Bihar is more a matter for factual verification by the authorities in the State of Jharkhand that if the petitioner had discharged duties in accordance with law, naturally he is entitled to his salary for the same. Let the State of Jharkhand examine that part of the claim and ensure that the legitimate dues of the petitioner including for the former period be paid in accordance with law within a maximum period of three months from the date of receipt/production of a copy of this order before the competent authority in the State of Jharkhand. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)