IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.458 of 2009 1. ANIL KUMAR S/O LATE MAHABIR SINGH, R/O VILLAGE SARSHOO, P.S. ANTARI, DISTRICT- GAYA, AT PRESENT POSTED AS TYPIST, BISCOMAUN HEAD QUARTER, PATNA. 2. SHEO PRASAD SINGH, S/O LATE BABUCHAND SINGH,R/O VILLAGE TANDAPAR, P.S. GHOSI, DISTRICT-JEHANABAD, POSTED AS PEON BISCOMAUN, PATNA. 3. RAMCHANDRA SINGH, S/O LATE RAMDHARI SINGH, R/O VILLAGE BHUSHAULA DANAPUR, P.S. PHULWARISHARIEF, PATNA, WORKING AS PEON, FERTILIZER SECTION, BISCOMAUN HEADQUARTER, PATNA. 4. RAMJATAN SINGH, S/O LATE YADUNANDAN SINGH, R/O VILLAGE NEHRU NAGAR, P.S. PATLIPUTRA, PATNA, AT PRESENT STENO. ESTABLISHMENT SECTION, BISCOMAUN, PATNA. -APPELLANTS Versus 1. BIHAR STATE CO-OPERATIVE MARKETING UNION LTD. WEST GANDHI MAIDAN, PATNA THROUGH ITS ADMINISTRATOR. 2. THE ADMINISTRATOR, BISCOMAUN, WEST GANDHI MAIDAN, PATNA. 3. THE SECRETARY, BIHAR STATE COOPERATIVE MARKETING UNION LTD, WEST GANDHI MAIDAN, PATNA. 4. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, SECRETARIAT, PATNA. 5. RAMANUJ PRASAD GUPTA, S/O SRI SHUKAN PRASAD GUPTA, VILLAGE-RAMPUR, P.S. PALIGANJ, DISTRICT-PATNA, AT PRESENT WATCHMAN, BUILDING MANAGEMENT BRANCH BISCOMAUN HEAD OFFICE, PATNA. 6. DEEN BANDU PRASAD, S/O LATE JAGGANATH SAHAY, POSTED AS WATCHMAN, C.C.A DEPOT., (BISCOMAUN) HAJIPUR, R/O HAJIPUR, DISTRICT-VAISHALI. 7. KALICHARAN SAH, S/O LATE JITAN SAH, VILLAGE HITBHAIRWA, P.S. AND DISTRICT- GOPALGANJ, AT PRESENT POSTED AS PEON, CENTRAL ACCOUNTS BRANCH, BISCOMAUN, HEADQUARTER, PATNA. -RESPONDENTS. 2 2 30.04.2009 Writ petitioners services were terminated for their participation in the strike. They approached this Court protesting termination order and for payment of arrear salary. The learned Judge found that their services were terminated without notice and without complying with the process of law and, therefore, termination order was set aside and the authorities were asked to issue fresh notice etc. It is also stated that on reinstatement they will get their current salary. It is also stated that during the period they were on strike they will not get salary but for the period they worked they will get salary for the period they reported to work under the banner of strike they will not get salary. The question is whether after termination of their services which is held to be illegal till they are reinstated they are entitled to salary or not. That matter was not considered in the impugned judgment. So we hold that the question whether they are entitled to salary during the period after their termination of service till reinstatement will be decided after fresh enquiry and departmental proceeding ordered to be conducted as directed in the impugned judgment. 3 With that rider, this appeal is disposed of. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad