IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11624 of 2011 Dasai Mandal Versus The State Of Bihar & Ors -------------------------------- 2 21.9.2011 The Court has no hesitation in recording that frivolous writ application has been filed even without verifying whether a case under law is made out and whether the petitioner has legal right to claim for benefit as such. Petitioner was chowkidar working in the Irrigation Department posted at Birpur. He has been convicted and sentenced for offence not disclosed in the writ petition. He was in jail custody at least between November. 2008 to March, 2009. He is out from jail on the basis of bail being granted to him by appellate court. The criminal appeal is pending and has not yet been decided. In other words, petitioner continues to be a convict. The Court fails to understand as to under what provision of law he can claim payment of salary for the period he was in jail custody on conviction. The Court is not aware of any law that a government servant on being convicted would be entitled to payment of salary even in jail custody. Obviously, it is a ill - advised petition more in the nature of wagering rather than assertion of a legal or constitutional right. It is a fit case in which cost should be awarded on the petitioner but on an earnest plea made by the counsel that he has now superannuated and was a class IV employee, the Court takes lenient view that in future such writ petitions are not going to be entertained with such indulgence. Writ petition is dismissed. AnilKrSinha (Ajay Kumar Tripathi,J.)