IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4281 of 2010 1. SHIV NANDAN RAM S/O LATE JHAPSI RAM R/O MOH KALYANI BARA,P.S.TOWN,DISTT-MUZAFFARPUR WAS WORKING AS CLEANER,MUNICIPAL CORPORATION,MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER DEPARTMENT OF URBAN DEVELOPMENT BIHAR,PATNA 2. THE COLLECTOR MUZAFFARPUR 3. THE CHIEF EXECUTIVE OFFICER CUM NAGAR AYUKTA MUNICIPAL CORPORATION ,MUZAFFARPUR 4. THE SENIOR ACCOUNTANT -CUM-INCHARGE ,ESTABLISHMENT SECTION MUNICIPAL CORPORATION ,MUZAFFARPUR 5. THE BAHALKHANA INCHARGE MUNICIPAL CORPORATION ,MUZAFFARPUR ----------- For the Petitioner :Mr. Manoj Kumar Manoj, Advocate For the State :G.A. 5 For the Municipal Corporation :M/s A.K. Thakur, Awadhesh Kumar & Anurag Saurav, Advocates 03/ 12.04.2010 Heard learned counsel for the petitioner, the State and the Muzaffarpur Municipal Corporation (hereinafter referred to as the Corporation), who prayed for time to verify the correctness of Annexure-7. 2. Petitioner has filed the writ application for a direction to the authorities of the Corporation to pay him the arrears of salary for the period 1.4.2000 to 31.12.2008 in the light of the orders of the Corporation, bearing Memo No. 2088 dated 16.10.2008, Annexure-5 to this application, whereunder earlier superannuation of the petitioner made under order, bearing Memo No. 402 dated 8.3.2000, Annexure-1 has been modified in the light of the report of the Medical Board and petitioner has been allowed to serve until 31.12.2008, the date on which he attained the age of 60 years. 2 3. It is submitted on behalf of the Corporation that petitioner can be allowed salary for the interregnum period, provided he has not worked as cleaner elsewhere. 4. Let the petitioner assert before the Commissioner of the Corporation by filing affidavit that he had not worked as cleaner during the period between 1.4.2000 till he was allowed to joint as cleaner in compliance of the order dated 16.10.2008, Annexure-5 and if there is nothing on record to dispute the assertion of the petitioner that he did not work during the said period, the Commissioner of the Corporation shall ensure payment of the arrears of salary to the petitioner with effect from 1.4.2000 till the date he was allowed to join in the light of the order dated 16.10.2008, Annexure-5, subject to the verification of the correctness of annexures appended with the writ application. Necessary payment in the light of this order be made to the petitioner as early as possible, in any case within three months from the date of receipt/ production of a copy of this order. 5. It goes without saying that the petitioner shall be entitled not only for the arrears of salary, but also the consequential benefit during the aforesaid period. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)