IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13478 of 2010 Baikuntha Bihari Mishra son of Late Badri Narayan Mishra, Resident of village Sonar, Police Station Riga, district Sitamarhi Versus 1. The Uttar Bihar Gramin Bank, Hq. Muzaffarpur Sharma Complex, Kalambagh Chowk, Muzaffarpur, erstwhile, Champaran Kshetriya Bank 2. The Board of Directors, Uttar Bihar Champaran Kshetriya Bank, Hq. Muzaffarpur, Kalambagh Chowk, Muzaffarpur 3. The Chairman-cum- Disciplinary Authority, Uttar Bihar Gramin Kshetriya, Head Office- Muzaffarpur, Kalambag Chowk, Muzaffarpur For the petitioner :Mr. Shashi Bhushan Singh, Advocate For the Bank :Mr. Prabhakar Jha, Advocate 02/ 25.08.2010 Heard learned counsel for the petitioner and the Uttar Bihar Gramin Bank (hereinafter referred to as the Bank). 2. Petitioner at the relevant time was serving as Branch Manager in one of the Branches of the Bank. He was dismissed from service of the Bank. The order dismissing him from service was challenged by the petitioner by filing departmental appeal. Under orders dated 25.9.2004, Annexure-1, the Appellate Authority set aside the dismissal order. Petitioner, however, was not reinstated and approached this Court in C.W.J.C. No. 12785 of 2004, which was disposed of under orders dated 6.8.2009 that petitioner be paid arrears of salary from 7.2.2007 till the date of superannuation. Aforesaid order was also affirmed by the Division Bench under orders dated 4.3.2010, passed in L.P.A. No. 1604 of 2009, Annexure-3. 3. This writ application has been filed praying inter alia to direct the Bank to pay arrears of salary for the suspension period with effect from 29.10.2002 until 6.2.2007. 4. As the writ Court while passing order dated 6.8.2009 in the light of the Appellate order, did not consider it appropriate to issue - 2 - direction for payment of arrears of salary for the suspension period and beyond, this Court does not consider it appropriate to pass such direction at this stage, as if the petitioner was aggrieved on account of non-payment of salary for the suspension period and beyond, he ought to have raised such grievance before the writ Court during the hearing of C.W.J.C. No. 12785 of 2004 and not at this belated stage. 5. In the circumstance, I am not inclined to consider the aforesaid request of the petitioner for payment of arrears of salary for the period during suspension as also for the period after dismissal and until passing of the appellate order and beyond i.e. 6.2.2007. 6. The writ application is, accordingly, dismissed. Arjun/ (V.N. Sinha, J.)