IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10150 of 2009 YOGENDRA KUMAR SINGH S/O LATE RAM NANDAN SINGH, RESIDENT OF VILLAGE-KEOTAR, P.O. MAKHADUMPUR, P.S. MAKHDUMPUR, DISTT- JEHANABAD AT PRESENT POSTED AS UPPER DIVISION CLERK, CIRCLE OFFICE KHIZERSARAI, DISTT-GAYA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER MAGADH COMMISSIONARY, GAYA, DISTT-GAYA. 2. THE DISTRICT MAGISTRATE, GAYA, DISTT-GAYA. 3. THE SUB-DIVISIONAL OFFICER, JEHANABAD, DISTT-JEHANABAD. 4. THE CIRCLE OFFICER, KHIZERSARAI CIRCLE OFFICE KHIZERSARAI, DISTT-GAYA. 5. THE TREASURY OFFICER, GAYA, DISTT- GAYA. ... ... RESPONDENTS. ----------- 2. 20.8.2009. Petitioner was earlier dismissed from service as also a criminal case was filed against him in which he was acquitted and after acquittal in the criminal case, his dismissal order has already been recalled as would appear from the office order bearing Memo No.1516 dated 9.12.2004. It is submitted on behalf of the petitioner that arrears of salary for the period between the date of dismissal and re- instatement has not been allowed to him, although for such payment, he has already represented before the District Magistrate, Gaya under representation dated 22.10.2008, which is contained in Annexure-6 to this application. - 2 - Learned counsel in this connection states that considering similar case of Arjun Prasad, this Courtunder order dated 17.2.2006 passed in C.W.J.C. No.12866 of 1999 (Annexure-8) not only issued direction for payment of arrears of salary for the period between the date of dismissal and re- instatement but also directed for payment of cost. Let District Magistrate, Gaya consider the representation of the petitioner dated 22.10.2008 (Annexure-6) in the light of the law laid down by this Court under order dated 17.2.2006 passed in the case of Arjun Prasad (Annexure-8) to this application as early as possible in any case within one month from the date of receipt/production of a copy of this order. If the representation is allowed, then the District Magistrate shall ensure payment of arrears of salary within the same time and while passing the order, the District Magistrate shall also consider granting cost to the petitioner. - 3 - N.H./ This application is, accordingly, disposed of. ( V.N. Sinha,J.)