IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5029 of 2003 1. BHIKHARI RAM 2. RAM BACHAN RAM Versus THE STATE OF BIHAR & ORS ----------- 3. 12.02.2009 Heard learned counsel for the petitioners and the State. The claim in this writ application relates to arrears of salary on the post of Chaukidar at Baghaila (Nokha) Police Station, District-Rohtas. Learned counsel for the petitioners submits that salary has been paid till March, 1989. Thereafter no salary is being paid. The stand of the Respondents in the counter affidavit is that from 1.1.1990 the post of Chaukidar became a Government post. Learned counsel for the petitioners next points out from paragraph 8 of the counter affidavit that the Respondents acknowledge the working of the petitioners, though it is the contention of the respondents that the petitioners worked wrongly in absence of orders of competent authority. Normally speaking if a person has worked wrongly in pursuance of illegal entry, the question of giving him salary does not arise. But, at the same time, if he did work for the State, Article 23 of the Constitution of India, which prohibits ‘Begar’, shall come to his rescue. But surely the State is not liable to pay him the salary. The liability to pay rests with the Officers of the State, who inducted the person in a manner contrary to law and 2 permitted him to work laying the foundation of future claim. Liberty is granted to Respondent State authority to hold a detailed enquiry and after satisfaction, pay any eligible dues of salary of the petitioners after necessary deduction from the salary of the officials, who took work from the petitioners. Let this order be complied with within a maximum period of five months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)