IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2538 of 2009 CHANDRIKA PRASAD CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- 2. 26.2.2009 Heard counsel for the petitioner and the counsel for the State. In this writ application, originally the prayer has been made to the following effect: “(i) To command and direct the respondent District Superintendent of Education, Nawadah to accept the joining of the petitioner from the date the petitioner filed his joining i.e. 18.11.2008 and give him a suitable posting. (ii) To command and direct the respondents to pay all his admissible dues from the date of his arrest till the date of his filing joining and pay full salary thereafter. (iii) To grant any other relief or reliefs to which the petitioner is otherwise found entitled for.” Counsel for the petitioner, however, at the out set would submit that his grievance with regard to acceptance of joining has stood ventilated, inasmuch as the District Superintendent of Education, 2 Nawadah by an order, contained in Memo No. 172 dated 18.2.2009 has already directed for acceptance of the joining. Strictly speaking on account of this subsequent development which has taken place after filing of the writ application the same has become infructuous. Counsel for the petitioner, however, would submit that as a subsequent event has given him a cause of action to claim payment of salary, this Court should at least direct the authority to consider that the petitioner would be entitled for payment of salary for the period he was illegally deprived from joining the post. This Court would find that the petitioner was made an accused in a criminal case being Rampur P.S.Case No. 81/2005 under section 364(A) of the Indian Penal Code and was in custody in connection with the aforesaid case for the period 15.6.2005 to 17.11.2008. If that be so, the petitioner would not be entitled for payment of salary in which he was under jail custody even if he has been ultimately acquitted by the court. The petitioner, however, can claim 3 payment of salary after he had filed an application for acceptance of joining on 18.11.2008 and if the District Superintendent of Education, Nawadah finds that the said joining of the petitioner was not accepted by any concerned authority on account of laches/ lapses on the part of the concerned authority, the petitioner will be definitely entitled for payment of salary from that date i.e. 18.11.2008. The submission of the learned counsel for the State that if there be any pending departmental proceeding the payment of salary for the period 18.11.2008 would not be strictly payable to him, will be also a matter to be considered by the D.S.E. while passing the order. With the aforesaid observations and directions this writ application, stands finally disposed of. (Mihir Kumar Jha,J.) Surendra/