IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10727 of 2009 RAJENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 9.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner has prayed for commanding the respondents to make payment of arrears of salary for the period 21.6.2003 to 4.10.2007. This is the period during which petitioner was terminated by the respondent and subsequently the termination order was found to be illegal. A counter affidavit has been filed on behalf of the respondent, wherein it has been stated in paragraph 9 of the counter affidavit that for period of termination, petitioner is not entitled for salary, as he has not worked. This period, however, as decided can be counted only for the purpose of calculating of pensionary benefits. The order contained in Memo no. 11174(4) dated 20.9.2007, whereby the petitioner’s service was regularized, and reinstated, there is specifically this condition has been mentioned that salary will not be payable on the principle of ‘No work No pay’. Petitioner had full knowledge of this fact at the time of his reinstatement and regularization that he will not get - 2 - salary for this period of termination, and that time he did not raise any objection, subsequently he cannot be allowed to claim it. Counsel for the petitioner submits that the order whereby termination from service was held to be illegal by the order passed in earlier writ application filed by the petitioner, and it was quashed. Subsequently the LPA was preferred by the State, but in the LPA no order was passed quashing the order of the writ Court. Simply cases were disposed of, directing the state to conduct an enquiry and to examine the genuineness and nature of appointment. Appointments, which are found to be irregular, employees in those cases be regularised, as an one time measure. Since petitioner’s employment was found irregular, he was reinstated and regularized. In the given circumstances, when the termination order was quashed, he is entitled for salary as responsibility cannot be fixed on the petitioner’s for not discharging duties on the post, rather the respondents are directly responsible for that. For any lacuna or latches on the part of the State, petitioner cannot be penalized. It is also stated by the petitioner’s counsel that on account of non-payment of salary for the period of termination, the petitioner will be adversely affected his future service prospects, increment, and his pension and pensionary benefits will - 3 - also be affected adversely. Considering the fact that non-payment of salary will have a far-reaching impact on the service career of the petitioner and also that for not working during the termination period, the petitioner is not responsible, the respondents cannot allow to take such illegal and arbitrary decisions and to deprive the petitioner from his salary. Accordingly, respondent no.2 the Director in Chief, Health Department, Govt. of Bihar, Patna as well as respondent no.4, the Civil Surgeon cum-Chief Medical Officer, Jehanabad are directed to make payment of arrears of salary to the petitioner for the period 21.6.2003 to 4.10.2007 with all consequential benefits. Payment must be paid within a period of twelve weeks from the date of production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.kumar