IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15073 of 2010 NAUSHAD AHMAD, SON OF MD. YUNUS, RESIDENT OF VILL:CHAK YUSUF, P.S. GHOGRI, DIST. KHAGARIA :---- PETITIONER . Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, PANCHAYATI RAJ, BIHAR, PATNA. 3. THE COLLECTOR, KHAGARIA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, KHAGARIA :--- RESPONDENTS. ----------- 5. 21.09.2010. Heard learned counsel for the petitioner, State and the Zila Parishad, Khagaria. 2. Petitioner served on the post of Chowkidar in the Inspection Bungalow Gogri which is the establishment of Zila Parishad, Khagaria. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Khagaria terminated the services of the petitioner under order dated 10.7.1998 which the petitioner questioned before this Court in C.W.J.C. No. 6408 of 1998. He also filed Interlocutory Application No. 9053 of 1998 praying, inter alia, to stay the operation of the order dated 10.7.1998. Aforesaid Interlocutory Application was taken up for orders by this Court on 17.08.1998 and under the orders passed on the same day the operation of the order dated 10.7.1998 passed by the Deputy Development Commissioner-cum-Executive Officer, Zila Parishad, Khagaria was stayed during the pendency of the writ petition. In compliance of the interim order dated 17.08.1998 the authorities of the Zila Parishad paid - 2 - the salary of the petitioner until July, 2005. Having complied the interim orders of this Court dated 17.8.1998, Annexure-1 for the period until July, 2005 there is no occasion for the authorities of the Zila Parishad not to comply the said order from August, 2005. 3. Counsel for the Zila Parishad, however, submitted that as the State Government is not releasing fund for payment to the petitioner the interim orders of this Court is not being complied with. Learned counsel further submitted that in appreciation of such fact another Single Judge of this Court under orders dated 3.8.2010 passed in M.J.C. No. 1145 of 2009 (Annexure-3) dismissed the contempt application alleging non-compliance of the order dated 17.8.1998. He also submitted that this Court should hear the present writ petition along with C.W.J.C. No. 6408 of 1998 in which the interim order dated 17.8.1998 has been passed. 4. I regret not to accept the aforesaid submission of the counsel for the Zila Parishad for the simple reason that C.W.J.C.No. 6408 of 1998 in which the interim order dated 17.8.1998 has been passed was admitted for hearing under orders dated 11.11.1998 with further observation that during the pendency of the writ petition the interim order dated 17.8.1998 shall remain operative. Order dated - 3 - 11.11.1998 is also annexed with the writ petition which is contained in Annexure-1/1 to this application. The submission of the counsel for the Zila Parishad to hear the present writ petition with C.W.J.C. No. 6408 of 1998 is, therefore, nothing but misconceived as present writ petition which is for admission cannot be heard along with a matter which is admitted for hearing. Petitioner is not being paid salary from August, 2005 although the order terminating his services having been stayed by this Court under orders dated 17.8.1998 which was further reiterated under orders dated 11.11.1998. Accordingly, I direct the Deputy Development Commissioner, Zila Parishad, Khagaria to comply the interim orders of the learned Single Judge dated 17.8.1998 passed in C.W.J.C.No. 6408 of 1998, Annexure-1 and resume payment of salary to the petitioner with effect from September, 2010. The arrears for the period August, 2005 till September, 2010 be paid to the petitioner within six months from today and with this observation the writ petition is disposed of. After resuming payment of salary to the petitioner, it shall be open for the authorities to request for fixing the date of hearing of C.W.J.C.No. 6408 of 1998. P.K.P. (V.N.Sinha,J.)