IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1980 of 2007 1. Mohan Lal Sah, Son of Late Surya Narayan Sah, Resident of Mohalla- Aliganj, P.O.- Banka, P.S. Banka, District- Banka. 2. Md. Shaukat Ali, son of Late Sirazuddin Resident of Village- Mahila, P.O.- Bisanpur, P.S.- Dhoraiya, District- Banka :--- petitioners. Versus 1. The State Of Bihar 2. Commissioner and Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. Deputy Secretary, Revenue Administration, Water Resources Department, Govt. of Bihar, Patna. 4. Chief Engineer, Water Resources Department, Bhagalpur. 5. Executive Engineer, Irrigation Division, Bounsi, District- Banka. 6. Executive Engineer, Irrigation Division, Sikandra, District- Jamui :---respondents. ----------- 3. 12.08.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are presently serving as Revenue Clerk under the Deputy Collector, Revenue Division, Tarapur, Munger in compliance of the order of the High Court dated 25.8.1995 passed in C.W.J.C.No. 2296 of 1985 which was heard along with C.W.J.C.No. 1631 of 1984, whereunder this Court set aside the termination order passed against the petitioners of the aforesaid two writ petitions. In compliance of the aforesaid order dated 25.8.1995 petitioners were reinstated in service under order bearing Memo No. 101 dated 16.2.1996 issued under the signature of Deputy Collector, Revenue Division, Tarapur which is at page-26 of the brief. Present writ petition has been filed for a direction to the State- respondents to pay the petitioners arrears of salary for 2 the period during which they remained out of employment on account of the termination order passed against them by the authorities of the State Government. The termination order passed against the petitioners and others was the subject matter of the aforesaid C.W.J.C.No. 2296 of 1985 which was heard along with another C.W.J.C.No. 1631 of 1984 and this Court under orders dated 25.8.1995 quashed the termination order passed against the petitioners of C.W.J.C.No. 2296 of 1985 as also against the petitioners of C.W.J.C.No. 1631 of 1984. Petitioners of C.W.J.C.No. 1631 of 1984 after their reinstatement filed yet another writ petition bearing C.W.J.C.No. 7320 of 1998 praying, inter alia, to direct the State- respondents to pay the petitioners of the said writ case arrears of salary for the period during which they remained out of employment i.e. for the period between 16th December, 1982-2nd November, 1986. 3. This Court under orders dated 27.10.1999 passed in C.W.J.C.No. 7320 of 1998, Annexure-3 directed the State-respondents to make payment to the petitioners of C.W.J.C.No. 7320 of 1998 who were also petitioners in C.W.J.C.No. 1631 of 1984 the arrears of salary for the period between 16.12.1982- 2.11.1986. Present writ petition has been filed for the similar relief which was granted to the petitioners of C.W.J.C.No. 1631 of 1984 under orders dated 3 27.10.1999 passed in C.W.J.C.No. 7320 of 1998. 4. State-respondents have filed counter affidavit duly affirmed by Executive Engineer, Irrigation Division, Bounsi, Banka stating that as there was specific order of this Court in the case of petitioners of C.W.J.C.No. 1631 of 1984 vide order dated 27.10.1999 passed in C.W.J.C.No. 7320 of 1998, Annexure-3 to pay arrears of salary for the period between 16.12.1982-2.11.1986 during the period when those petitioners remained out of employment petitioners of the said writ case have been paid their salary. Similar order having not been passed in the case of the petitioners of C.W.J.C.No. 2296 of 1985 they have not been paid arrears of salary for the period between 28.4.1985-16.2.1996 during which period the petitioners of the present case who were also petitioners in C.W.J.C.No. 2296 of 1985 were out of employment on account of termination of their employment by the authorities of the State. 5. Having heard counsel for the parties, I am of the view that there is nothing to distinguish the case of the petitioners herein who had earlier moved the High Court in C.W.J.C.No. 2296 of 1985 from the petitioners of C.W.J.C.No. 1631 of 1984 who again approached the High Court for payment of arrears of salary for the period of their termination which was allowed under orders dated 27.10.1999 passed in 4 C.W.J.C.No. 7320 of 1998. In the circumstances, this writ petition is also disposed of exactly in the same terms which is contained in order dated 27.10.1999 passed in C.W.J.C.No. 7320 of 1998, Annexure-3. The Executive Engineer who has sworn the counter affidavit in the matter should ensure payment of the arrears of salary to the petitioners also for the period between 28.4.1985-16.2.1996, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Executive Engineer. P.K.P. (V.N.Sinha,J.)