IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1764 of 2009 ARUN DEO YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 4/2/2009 Heard Mr. Birendra Prasad Verma, learned senior counsel appearing on behalf of the petitioners and counsel for the State. In this case prayer of petitioner nos. 1 and 2 is for payment of their salary for the period from 1.5.2005 to 11.8.2006, whereas, prayer of petitioner nos. 3 to 5 is for payment of their salary for the period from 1.5.2005 to 18.9.2006. Mr. Verma by referring to the document annexed with this writ application would submit that initially the petitioners were appointed in an scheme which was ultimately abandoned by the Government and was abolished, whereafter all these petitioners and others were absorbed in the services on the post of Accounts Clerk. Mr. Verma has, however, pointed out that a decision for payment of salary prior to the period of absorption for the period as indicated above have not yet been taken even when 2 there is no dispute with regard to working of the petitioners in the aforesaid period. Payment of salary to any Government servant for any period would primarily depend on three conditions:- I. His appointment must be made in accordance with law following the mandate of Article 14 of the Constitution; and II. His such appointment must be made against a sanctioned vacant post; and III. He must have actually worked in the relevant period. Mr. Verma submits that all the aforementioned three criteria are fulfilled by the petitioners. That being so, the submission of Mr. Verma has to be only verified and a decision has to be taken by the Collector of Araria district. In that view of the matter, this Court would direct the 3 petitioners to file a fresh individual representation before the Collector of the district, along with all their evidence within a period of one month from the date of receipt of this order and the Collector of the Araria district thereafter would be under obligation to dispose of such representation by a reasoned order within a period of three months from the date of its being filed. In the event it is found by the Collector of Araria district that the petitioners are entitled for payment of salary for the period as indicated above or part thereof he would also issue necessary direction for its actual payment to the petitioners within a period of one month from the date of such order. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar