IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11267 of 2001 URMILA DEVI & ORS Versus THE STATE OF BIHAR & ORS ----------- 4 23-9-2008 Heard learned counsel for the petitioners and learned counsel for the State. The original writ petitioner Jitendra Kumar Singh has died during the pendency of this writ petition and has been substituted by his widow and children. The grievance of the petitioner was that on account of his transfer from the office of Executive Engineer, Vaishali, Road Division, Hajipur North Zone Region he was directed by Chief Engineer to join the office of Executive Engineer, Patna West Division, P.W.D, Patna as an Estimater. The petitioner joined that office first on 3-7-2000 but since July, 2000 till April 2001 i.e. for about 10 months no salary was paid to the petitioner for no fault of his. From the counter affidavit filed on behalf of respondents 1 to 5 i.e. the State and its Officers , it appears that the case of the petitioner has been accepted but it has been pointed out that when the petitioner first submitted his joining, such joining was rejected on 31- 8-2000. vide annexure-A to the counter affidavit because the concerned Executive Engineer Vaishali at Hajipur had not relieved the petitioner. After such relieving on 26-9-2000 the petitioner again submitted his joining in the office of Executive Engineer, Patna West, Road Division, Patna on 27-9-2000 and that joining report was - 2 - accepted vide Annexure-B. However, salary of the petitioner was admittedly disrupted because the officials decided to continue one Krishna Pandey the earlier Estimator in the said office by first canceling his transfer order and then by keeping him on leave reserve post of Head-quarters. Shri Pandey was given his salary up to April, 2001 from that Division and on that account the salary of the original writ petitioner remained disrupted for about ten months. It is the dues of the salary for those ten months along with costs and interest for which the writ petition was filed. It is stated in paragraph-9 of the counter affidavit of respondents 1 to 5 that the post of Junior Engineer was not vacant during that period hence the salary of the petitioner could not be paid and efforts are being made to regularize the concerned period and to pay the salary to the petitioner. It appears from the materials on record that the original writ petitioner superannuated from service during the pendency of the writ petition and then ultimately died. Since the respondents did not pay the lawful dues, the heirs of the original writ petitioner had to seek impleadment in this writ petition through I.A.No. 4340 of 2006 which has already been allowed. In the facts of the case this court has no difficulty in holding that the original writ petitioner is entitled to full arrears of his salary from the month of July 2000 to April 2001 i.e. for ten months along with costs and interest. The lawful dues for the aforesaid period of ten months should be paid to the heirs of the original writ petitioner and - 3 - Naresh preferably to his widow within a period of two months from today along with a cost of Rs.5,000/- and interest at the rate of 10% per annum compounded yearly from the date the monthly salary became due till the payment is made. If the amount is not paid within the aforesaid period of two months along with interest and costs then the present petitioners would be entitled to a cost of Rs.25,000/- which will be recoverable from the concerned officers who are found responsible for non-payment of salary to the original writ petitioner. The writ petition is allowed. Let a copy of this order be given to Standing Counsel No.XI. ( Shiva Kirti Singh,J)