IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3090 of 2005 SHATRU SUDAN SHARAN SINGH, SON OF LATE YAMUNA PRASAD SINGH, RESIDENT OF VILLAGE BASANTPUR JHITKAHI, P.S. SAKARA, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, AGRICULTURE DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR, AGRICULTURE ADMINISTRATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTRICT MUZAFFARPUR. 5. THE BLOCK DEVELOPMENT OFFICER, MURAUL, DISTRICT MUZAFFARPUR. 6. THE PRINCIPAL, TIRHUT AGRICULTURE COLLEGE, DHOLI, DISTRICT MUZAFFARPUR. 7. THE ACCOUNTANT GENERAL, BIHAR, PATNA. For the petitioner : Mr. Vijay Kumar Singh, Advocate. For the State : M/s Rakesh Kr. Samrendra, SC-21, Md. Obaidullah, AC to SC-21. For respondent no.7 : Mr. J.P. Karn, Sr. Adv. ----------- 05. 28.07.2011 Heard learned counsel for the petitioner, the State and the counsel for respondent no.7. 2. Petitioner superannuated while serving as Village Level Worker with effect from 31.7.1990. He has filed this writ petition challenging the order bearing Memo No.347 dated 25.03.2004, Annexure-14 whereunder his request for payment of arrears of salary for the period between 26.6.1971-3.7.1971, 4.7.1971- 4.2.1979 and 5.2.1979-6.10.1983 has been rejected in compliance of the orders of the High Court dated 19.12.2003 passed in C.W.J.C. No.14115 of 2003 and 2 other analogous matters, Annexure-12. Perusal of the order dated 19.12.2003 indicate that thereunder general direction was issued by the High Court for payment of retiral/death cum retiral dues to the petitioner by the respondents. In compliance of the orders of the High Court pension of the petitioner was fixed under orders dated 13.01.2004 and GPF amount was paid with up to date interest on 25.03.2004. During the period between 13.1.2004-25.3.2004 petitioner moved the authorities under representation dated 1.3.2004 for payment of arrears of salary for the period between 26.6.1971- 3.7.1971, 4.7.1971-4.2.1979 and 5.2.1979-6.10.1983. Under the impugned order dated 25.3.2004 request of the petitioner for payment of aforesaid arrears of salary has been rejected on the ground that petitioner was appointed as Village Level Worker on 10.11.1956. He served the authorities until 26.6.1971 for which he was paid his salary, whereafter he absented until 4.2.1979 and his service stood terminated on account of long absence. Later petitioner submitted application for joining the service again, which was considered and petitioner was allowed to join the post of Village Level 3 Worker on compassionate ground under order bearing memo no.11861 dated 10.8.1983, Annexure-4. From 19.10.1983 till the date of his superannuation i.e. 31.7.1990 petitioner served and was paid his regular salary. 3. It is submitted on behalf of the petitioner that as no dismissal/removal order for the long absence from service between 27.6.1971-4.2.1979 was served on the petitioner there was hardly any occasion for the authorities to reappoint the petitioner under order dated 9.10.1983 and the authorities should have regularized the period of long absence between 27.6.1971- 10.8.1983. In this connection, learned counsel also submitted that after petitioner was allowed to join the service pursuant to order dated 10.8.1983, Annexure-4 petitioner represented before the authorities for regularization of his service for the period between 27.6.1971-10.8.1983 which was also forwarded by the Deputy Development Commissioner to the State Government under letter bearing memo no.714 dated 29.6.1984, Annexure-8. Counsel for the petitioner further submitted that while passing the impugned 4 order dated 25.3.2004 the Collector, Muzaffarpur should have regularized the services of the petitioner for the period between 27.6.1971-10.8.1983. 4. I regret not to accept such submission. Petitioner was allowed to join the service as Village Level Worker on compassionate ground under order dated 10.8.1983. The order dated 10.8.1983 does not indicate that earlier period during which petitioner remained absent from service is to be regularized. In the circumstances, in my opinion, he was not entitled for any regularization, in any case he should have raised the aforesaid submission at the appropriate time when the order dated 10.8.1983 allowing him to join the service on compassionate ground was passed or during the period he remained in service but not after 13 years of his superannuation i.e. 31.7.1990 by filing the earlier writ petition in the year 2003 and the representation dated 1.3.2004. Accordingly, for the latches on the part of the petitioner, I am not inclined to proceed with the writ petition, which is dismissed. Rajesh/ ( V. N. Sinha, J.) 5