IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2598 of 2005 SUNIL KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- 06 06.04.2011 I.A. No. 1984 of 2010 and I.A. No. 1985 of 2010 have been filed on behalf of Intervenors Nand Kishore Prasad and Niripendra Kumar Mandal for being impleaded as petitioners in this writ application and for allowing similar relief to them also as prayed by the petitioner Sunil Kumar. Considering the fact that intervention application has been filed after five years of the filing of the writ application the prayer of interveners for being impleaded as petitioners cannot be allowed. It is dismissed. They have liberty to file their writ applications independently. Initially the prayer of the writ petitioner was for quashing of memo no.321 dated 1.10.2001, whereby he was terminated from his service. Further prayer of the petitioner was for a direction to make payment of all consequential benefits and due salary. Petitioner has alleged in the writ application that the impugned order contained in Annexure-1 was issued for terminating his service without following the rule of natural justice. During the pendency of the writ 2 application the petitioner along with other 30 persons was reinstated in the Adult Education Department in the light of order passed in CWJC No. 15365 of 2001 and analogous cases. The termination order which is under challenge in this writ application similar termination order has been issued against the writ petitioners in CWJC No. 15365 of 2001 and CWJC No. 11771 of 2003, on account of quashing of those orders, petitioner was also given benefit of reinstatement. However the grievance of the petitioner which still needs adjudication relates to non-payment of arrears of salary for the period in between his termination and reinstatement. Petitioner’s case is that he was given similar relief as it was allowed in case of the writ petitioners in those cases but discriminated in the matters of payment of arrears of salary. Krishnandan Prasad, Radha Shyam Sharma and Binod Kumar Verma and others were reinstated and also were paid entire dues of their arrears of salary for the period in between retrenchment and the reinstatement and the petitioner for such reliefs has filed I.A. No. 6290 of 2008 with a prayer for amending the relief. The amended prayer was for a direction to the 3 respondents to pay salary and other allowances to the petitioner for the period in between 1.10.2001 to 11.1.2006 as it has been done in the case of Radha Krishna Sharma and Sri Binod Kumar Verma and other whose cases are identical to the petitioner. In support of his claim petitioner has annexed order passed in case of Binod Kumar Verma and counter affidavit filed in case of Radha Krishna Sharma as Annexure-2 series. These two documents indicate that Binod Kumar Verma and Radha Krishna Sharma were paid entire dues of their arrears of salary, dearness allowance, rent allowance and conveyance allowed for the period in between their retrenchment and reinstatement. Time was allowed to the counsel appearing for the State, in order to seek instruction on the point that what is the reason for discriminating in case of this petitioner. No supplementary counter affidavit could be filed by the State as the counsel has not yet received any instruction from the Department. In the facts and circumstances of the case, the Interlocutory application is allowed. Relief prayed in the I.A. application is treated to be a part of the writ application. The amended relief prayed by the 4 petitioner is allowed. The respondents are directed to make payment of entire dues of arrears of salary to the petitioner for the period in between 1.10.2001 to 11.1.2006 with all consequential benefits and allowances. All payment must be made to the petitioner within a period of eight weeks from the date of production/ communication of this order. The writ application stands allowed. A. Kumar ( Mridula Mishra, J.)