IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.388 of 2011 In (CIVIL WRIT JURISDICTION CASE 9500/2005) 1. Shakuntala Devi @ Kunti Devi W/O Late Binda Singh R/O Vill.- Baijalpur, Jamuni, P.S.- Sonepur, Distt.- Saran ......Appellant Versus 1. The State Of Bihar 2. The D.G.P. Of Bihar, Patna 3. The D.I.G. Of Purnea Range, Purnea 4. The S.P., Kishanganj 5. The S.P., Katihar ........Respondents ---------------------------------- 3 15-10-2011 Heard learned counsel for the appellant and learned counsel for the State. The original writ petitioner, who was a police driver, was dismissed from service on 7-9-1993 pursuant to departmental proceeding and enquiry. In appeal he was granted partial relief by order dated 18-8-1995 passed by the Deputy Inspector General of Police, Purnea. That order is annexure-5 to memorandum of this appeal. Admittedly, the said order was accepted by the original writ petitioner but much later in the year 2005 he preferred a writ petition bearing CWJC No. 9500/2005 which has been dismissed by the order under appeal dated 3-9-2010. The prayer of the appellant is/was for grant 2 of salary for the period 7-9-1993 when he was dismissed, to 11-11-1995 when he was reinstated. The appellate order contained in annexure-5 contains a direction that from the date of removal from service till the order of reinstatement with other punishment, the period shall be treated as Extra Ordinary Leave. In that view of the matter, the authorities did not grant any salary to the original writ petitioner and clearly the writ petition filed in 2005 was not only belated but without any right in the original writ petitioner to receive salary when he had not worked during that period. We find no merit in this appeal. It is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)