IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1235 of 2011 In Civil Writ Jurisdiction Case No. 9363 of 2003 With Interlocutory Application No. 6021 of 2011 With Interlocutory Application No. 6022 of 2011 In Letters Patent Appeal No.1235 of 2011 ====================================================== 1. The Bihar State Social Welfare Advisory Board, Patna through its Officer in Charge, Barrack No. 9A, Old Secretariat, Patna – 15 2. The Officer in Charge, Bihar State Social Welfare Advisory Board, Patna, Barrack No. 9A, Old Secretariat, Patna .... .... Respondents-Appellants Versus 1. Shashi Kant Verma S/O Late Shyam Jiwan Prasad Verma R/O Vill. & P.O.- Srichandpur, P.S.- Bihta, Distt.- Patna …. …. Petitioner-Respondent 2. The State of Bihar, 3. The Commissioner and Secretary, Social Welfare Department, Govt. of Bihar, Patna, 4. The State of Jharkhand through the Secretary, Social Welfare Deptt., Jharkhand, Ranchi. .... .... Respondents-Respondents ====================================================== Appearance : For the Appellants : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1235 of 2011 (2) dt.05-09-2011 2 / 3 2 2. 05-09-2011 Re. Interlocutory Application No. 6022 of 2011: The delay of one day occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1235 of 2011 & Interlocutory Application No. 6021 of 2011. This appeal under Clause 10 of the Letters Patent is preferred by the Bihar State Social Welfare Advisory Board (hereinafter referred to as the “Board”) against the common judgment and order dated 17th September 2010 passed by the learned single Judge insofar as CWJC No. 9363 of 2003 is allowed to the extent that the learned single Judge has remanded the matter to the Board for reconsideration and has directed the Board to pay to the petitioner the entire arrears of salary until fresh decision is taken in the matter by the competent authority in accordance with law, that is, till the date of availability of the scheme, whichever is earlier. In our judgment and order dated 11th August 2011 passed in L.P.A. no. 902 of 2011 and other Appeals arising from the aforesaid impugned judgment, we had noted that the writ petitioners were continued in service till 5th May 2003 whereas the concerned scheme had been closed much earlier on 31st October 2002. The present Appeal arising from the same judgment needs to be allowed in the same manner. We, therefore, allow the Appeal as under:- The direction issued to the Chairperson of the Board, “…. to reconsider the matter in the light of the report referred to in the letter of the Commissioner and Secretary of the Patna High Court LPA No.1235 of 2011 (2) dt.05-09-2011 3 / 3 3 department dated 9.8.2002 as also the earlier report dated 29.4.2000 of the Chairperson of the Board,” is set aside. The impugned judgment and order dated 17th September 2010 passed by the learned single Judge in above CWJC No. 9363 of 2003 stands modified to the above extent. We presume that the writ petitioner has been paid the salary till the date his service was terminated on 5th May 2003. In the event the writ petitioner has not been paid the salary till the date of termination of service, the writ petitioner will make a representation to the Board within ten days from today. On receipt of such representation, the Board will examine the claim and pay the arrears of salary, if any, within six weeks from the date of the receipt of the representation. Interlocutory Application is disposed of. The parties will bear their own cost. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)