IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11396 of 2009 1. SUJIT KUMAR MISHRA, S/O BYASdeo MISHRA, R/O VILLAGE SASAMUSA MISHRA TOLA, P.O. SASAMUSA, P.S. KUCHAIKOTE, DISTT.GOPALGANJ (BIHAR). 2. DIGVIJAY MISHRA, S/O PAHWARI MISHRA, R/O VILLAGE MAJHWALIYA, P.O. DHARHARA MELA, P.S. KATEYA, DISTT. GOPALGANJ (BIHAR). 3. KANHAIYA MANJHI, S/O SUNDAR MANJHI, R/O VILLAGE PARSAUNI KHAS, P.S. UEHKAGAON, DISTT. GOPALGANJ (BIHAR). 4. RAM BIRESH SINGH, S/O LATE HARIHAR SINGH, R/O VILLAGE BALINDAR SAGAR, P.S. BISHAMBHERPUR, DISTT. GOPALGANJ (BIHAR). ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, GOPALGANJ. 2. THE DISTRICT MAGISTRATE/THE COLLECTOR, DISTRICT GOPALGANJ (BIHAR). 3. THE DISTRICT LAND ACQUISITION OFFICER, DISTRICT GOPALGANJ. 4. THE DISTRICT LAND ACQUISITION REVENUE LAND REFORM DEPARTMENT, BIHAR, PATNA. ... ... RESPONDENTS. ----------- 3. 7.9.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners were appointed as Amins on contract basis. The appointment letter is contained in annexures 3 to 6, which is dated 26.12.2006 and has been issued under the signature of the Collector, Gopalganj. Clause-7 of the appointment letter indicates that the appointment is on contract basis and shall be terminated no sooner regular appointment is made on the post of Amins on which petitioners were appointed on contract basis. - 2 - 3. It is submitted with reference to the averments made in paragraph-19 of the writ petition that the petitioners have been paid arrears of salary for ten months on 2.3.2009, but the entire arrears as also the current salary is not being paid. 4. Learned counsel for the State however with reference to the order of the Collector, Gopalganj (Annexure-16) stated that Amins on regular basis have already been appointed and in terms of Clause-7 of the appointment letter, petitioners’ services have been terminated. In the circumstances, they are not required to be paid salary any further. Such submission of the learned counsel for the State is being refuted by the counsel for the petitioners with reference to Annexure-16 itself which indicates that in supersession of the order of Collector bearing Memo No.1814 dated 12.6.2008 (Annexure-16) another order has been passed deputing Amins and according to the learned counsel for the petitioners, no fresh appointment has been made giving a cause to the Collector, Gopalganj to terminate the contractual appointment of the petitioners. 5. In this connection, petitioners have - 3 - N.H./ already represented before the District Magistrate, Gopalganj under representation dated 18.7.2009 contained in annexure-17 to this application. 6. Let the representation of the petitioners dated 18.7.2009 (Annexure-17) be considered and disposed of by the District Magistrate, Gopalganj as early as possible in any case within two months from the date of receipt/production of a copy of this order by passing a reasoned order. If the appointment of the petitioners for any reason has already been terminated, then he should indicate such fact in the reasoned order. At the same time, he must ensure payment of the arrears of salary to the petitioners until they were removed by passing a specific order after obtaining necessary funds therefor from the concerned Administrative Department of the State Government. 7. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)