IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.119 of 2010 1. BAGESHWAR PRASAD SHAHI S/O SHRI RAMDEV SHAHI R/O VILL㳤 DEVPUR VIA YOGIYA, DISTT- SARAN (CHAPRA) Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF ARTS AND CULTURE, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, ADULT EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT.OF BIHAR, PATNA 4. THE DIRECTOR, DEPARTMENT OF ARTS AND CULTURE, GOVT.OF BIHAR, PATNA 5. THE JOINT SECRETARY, DEPTT. OF ARTS AND CULTURE, GOVT. OF BIHAR, PATNA ----------- 3. 9.8.2010 Heard learned counsel for the petitioner and the State. The petitioner came to this Court seeking a direction for his absorption and for payment of salary. It is submitted that he was engaged in the Directorate of Adult Education, Human Resources Development Department in the Non-Formal Education Project sponsored by the Central Government in collaboration with the State Governments. On conclusion of the project, the State Government took a decision to terminate the project and services were disengaged. The matter was assailed before this Court when the State Government on 20.5.2005 took a decision to absorb persons like the petitioner treating them as a retrenched employee. Guidelines were then issued for expeditious 2 consideration. Neither was the petitioner suitably absorbed nor was he paid salary. In these circumstances, the writ petition came to be filed. The counter affidavit on behalf of respondent nos. 2, 4 and 5 at Paragraph-8 states as follows:- “8. That however, in compliance of order dated 14.5.2010 passed by this Hon’ble court in this case petitioner has been adjusted in the Deptt. Of Art, Culture and Youth Deptt.” This Court is therefore satisfied that the petitioner stands absorbed with effect from 14.5.2010 in the department of Art, Culture and Youth. He is naturally now entitled to his salary in accordance with law also from that department. In so far as arrears of salary are concerned, from the date of recommendation for absorption till actual absorption, the claims and counter claims that the petitioner did not submit his joining earlier or that the respondents refused to accept his joining, did not allot him work after joining etc. are all matters of fact to be examined by the authorities themselves on a representation to be made by the petitioner, when his status in the interregnum shall also to be a subject matter of appropriate enquiry in so far as the claim for back wages are concerned. 3 Any such representation by the petitioner is required to be considered and disposed within a maximum period of four months from the date of receipt/production of a copy of this order. The application stands disposed. P. Kumar (Navin Sinha, J.)