IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5652 of 2003 MUKHTAR SINGH, son of late Shoe Pujan Singh, resident of village Sitab Diyara, Bhagwantola, P.S. Bairia, District Balia … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Minister of Home, Bihat, Patna 3. The Director General cum Inspector General of Police, Old Secretariat Building, Patna 4. The Superintendent of Police (c) Crime Investigation Department, Bihar, Patna … Respondents. ----------- 3. 19.8.2009 Heard counsel for the petitioner and the counsel for the State. The prayer in this writ application is for payment of salary for the period 1.7.1998 to 4.11.1999. Counsel for the petitioner would submit that in terms of the order of the Apex Court dated 31st March, 1999 in Civil Appeal No. 5790/1997, in the case of the State of Bihar & ors. vs. Md. Jainul Haque, (Annexure 2) the petitioner will be entitled for payment of salary for the aforementioned period even if he was not allowed to work, inasmuch as it was the petitioner who was wrongly deprived from the working pursuant to an order of his retirement from service with effect from 30.6.1998. In the opinion of this Court such submission of the counsel for the petitioner 2 is only to be noted for its being rejected, inasmuch as by an inter party order between the petitioner and the respondents dated 24.9.1999 in C.W.J.C.No. 3110/98 it was held that the petitioner will not be entitled for payment of salary from 30.6.1998. To make the things clear the operative portion of the order of this Court in C.W.J.C.No. 3110/98 is quoted hereinbelow: “ I, therefore, taking into consideration of the facts and circumstances of the case, dispose of the writ application with a direction to the respondents to treat the date of birth of the petitioner as 23.11.1943 and accordingly determine the age of superannuation. I further direct since the petitioner remain without any job and duties w.e.f. 30.6.1998, he will not be entitled for arrears of salary.” Thus, in view of the aforementioned inter party order the reliance placed by the petitioner on the order of the Apex Court is wholly misconceived. It has to be noted that the said order of the Apex Court was already in existence and yet was not pressed by the 3 petitioner while the order of this Court in the case of the petitioner in C.W.J.C.No. 3110/98 was passed. Consequently, there is no merit in this application and the same must be dismissed. (Mihir Kumar Jha,J.) Surendra/