IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9548 of 2009 RAM BILASH CHOUDHARY, Son of late Sahdeo Prasad Choudhary, resident of Mohalla – Parwatti, Laxmi Priya Niketan, P.S. Bhagalpur, District – Bhagalpur, At present – New Bandha Colony, Baij Nathpur, Sun Rise Dwarika Academy School Road, P.S. Mohanpur, District – Deoghar (Jharkhand). ….. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary of the Government, Road Construction Department, Nirman Bhawan, Patna. 2. The Engineer in Chief, Road Construction Department, Nirman Bhawan, Bihar, Patna. 3. The Executive Engineer, Road Construction Department, Road Division, Banka (Bihar). 4. The State of Jharkhand. 5. The Chief Engineer, Rural Engineering Organisation, Chhotanagpur, Zone –III, Ranchi. …… Respondents. ----------- 02/ 11.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Junior Engineer in Devipur Block, Deoghar in the state of Jharkhand. He has filed this writ application for a direction to the authorities of the State of Bihar and the State of Jharkhand to pay him the arrears of salary for the period from 1st January, 1990 to 31st December, 1990 and 1st October, 2000 to 18th October, 2000 as the said salary could not be paid on account of his non-joining the place of posting in the office of the Executive Engineer, although petitioner had submitted his joining in the office of the Chief Engineer. The salary for 18 days could not be paid as while relieving him from the office of the Bihar State Bridge Construction Corporation Ltd. he was paid salary only unti8l 30.9.2000, although he was relieved on 18.10.2000 as would appear from Annexure-4. 3. Learned counsel for the State of Jharkhand states that the aforesaid arrears of pay is for the period when the State was united - 2 - and the liability is of the State of Bihar to clear the same. 4. True it is that in view of the statutory provisions contained in the Bihar Organization Act, 2000 the arrears of salary for the period prior to the division of the State is the liability of the State of Bihar however considering the fact that the petitioner was allocated to the State of Jharkhand where from he superannuated, I direct the authority, whereunder the petitioner was last posted to clear his arrears of salary for the aforesaid period and thereafter claim the amount paid to the petitioner from the State of Bihar and with this direction, this writ application is disposed of. It is however made clear that this order may not be taken as a precedent. Before the salary of the petitioner for aforesaid period is released by the authority of the State of Jharkhand, the competent authority of the State of Bihar is directed to regularize the same by passing appropriate orders in the matter in accordance with law. DKS/ (V.N. Sinha, J.)