IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12142 of 2010 DEVENDRA TIWARY S/O LATE RAJA RAM TIWARY R/O VILL & P.O.MALKAWLI, P.S.BAGAHA, DISTT-WEST CHAMAPARAN Versus 1. THE STATE OF BIHAR , THROUGH SECRETARY IRRIGATION DEPARTMENT GOVT. OF BIHAR, PATNA 2. COMMISSIONER-CUM-CHAIRMAN GANDAK (AREA) DEVELOPMENT AGENCY MUZAFFARPUR 3. SUPERINTENDING ENGINEER, GANDAK AREA DEVELOPMENT AGENCY MUZAFFARPUR 4. EXECUTIVE ENGINEER GANDAK AREA DEVELOPMENT AGENCY BETTIAH 5. ACCOUNTS OFFICER, GANDAK AREA DEVELOPMENT AGENCY MUZAFFARPUR ----------- 03. 23.08.2010 Heard learned counsel for the petitioner, the State as also counsel for the Gandak Command Area Development Agency, Muzaffarpur(hereinafter referred to as the Agency). 2. Petitioner is serving the Agency on the post of Correspondence Clerk. He has filed this writ application for payment of arrears of salary for the period between 25.8.1983 till 6.10.1993 during which time he was serving the Agency as a daily wager and his services were regularized in compliance of the orders of this Court dated 18.2.1991 passed in C.W.J.C. No.4587 of 1989 duly affirmed by the Hon’ble Supreme court under orders dated 17.9.1993 passed in SLP(Civil) No.13250 of 1993 referred to in the office order No.1472 dated 7.10.1993, Annexure-1. After 6.10.1993, petitioner has been getting his regular salary but the arrears of wages prior thereto have not been paid so far, although the authorities of the Agency have requested the State Government under letter No.1479 dated 8.10.1993, Annexure-2 to release fund for payment of arrears of wages to the petitioner and other employees of the Agency. - 2 - 3. It is submitted by the counsel for the Agency that several reminders have been issued in the light of the request contained in letter dated 8.10.1993, Annexure-2 but the same is not being considered by the State Government and as the amount is not being released the arrears of wages to the petitioner and other similarly situate employees of the Agency for the period between 25.8.1983 till 6.10.1993 have not been paid so far. Once the services of the petitioner has been regularized in compliance of the orders of the High Court duly affirmed by the Hon’ble Supreme Court, the arrears of wages for the earlier period has also to be paid. 4. Accordingly, direction is given to the Secretary, Water Resources Department of the State Government to consider the request of the Agency contained in letter dated 8.10.1993 and to release necessary fund for payment of arrears of wages to the petitioner and others similarly situate employees of the Agency, as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the competent authority of the State Government. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)