IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10897 of 2006 ASHOKE KUMAR SANYAL & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 08.08.2008 Heard Learned counsel for the petitioner and the State The case of the petitioners is that after their regularization, their services were terminated. They came to this Court in C.W.J.C. No. 1804/2001. On 7.7.2004, this Court set aside the order of termination noticing that they had worked for about 18 years. The regularization was subject to approval of the Chief Engineer which was not forthcoming and was still pending consideration and that the principles of natural justice had been violated. They were directed to be reinstated on the substantive posts with due dates. Reinstatement followed on 29.3.2005. On 7.2.2007, the period from 4.12.2000, the date of termination till reinstatement, 29.3.2005 has been regularized as period on duty but without monetary benefits. Learned counsel firstly submits, a representation dated 27.9.2007 has been filed for non consideration of regularization for six days. He next urges relying on a judgment reported in 2005 (2) P.L.J.R. 625 that pursuant to his reinstatement, he is entitled to back wages. The grant of back wages, it is now settled by several decisions of the Apex Court, is not automatic but shall depend on the facts and circumstances obtaining in each case. In the - 2 - present case, when reinstatement was ordered by this court, no directions for back wages were given. For that reason, this Court finds it difficult to grant that relief now at a subsequent stage of the same litigation. However, this shall not preclude the petitioners from filing applications/representations before the concerned respondent for grant of back wages for the period in question. If such an application is filed, the respondent shall be required to hold a proper inquiry with regard to the status of the petitioners in that interregnum and then take appropriate decision on the claim for back wages in accordance with law. Let the same be done within a maximum period of 5 months from the date of receipt/production of a copy of this order before the respondents. This Court expects that in the like period, the representation for regularization of 6 additional days shall also be appropriately considered and disposed of The application stands disposed of. pkj (Navin Sinha, J)