IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15092 of 2005 SHIVENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 29.07.2008 Heard learned counsel for the parties. Petitioner is a retired employee of Respondent BISCOMAUN, who superannuated from service on 31.07.2005. He filed the present writ application because the salary for the period since April, 1997 till 31.07.2005 was not paid to him. In other words, petitioner has been made to work for almost 8 years without salary. It has been more than three years since the present writ application was also filed. From the tenor of the counter affidavit which has been filed, it is evident that the respondents are in no mood to release the salary of the petitioner for whatever reasons which may have been indicated in the counter affidavit. The Court is not impressed by such submissions or the stand taken. Right to salary of an employee is his right guaranteed under Article 21 of the Constitution of India and non-payment of his salary for such prolonged period of time may also amount to practicing ‘Begar’ which has been prohibited under the constitution. With the legal position being what they are 2 and the right of the petitioner have not been disputed in this regard because there is no rebuttal to the claim that for almost 8 years, the petitioner has not been paid his salary, the writ application stands disposed of with a direction upon the respondent no.3 (The Managing Director BISCOMAUN, Patna) that he shall take steps on working out the liability of the petitioner under the salary head and thereafter take steps for his payment may be in installments on or before 9 months from the date of communication or production of the copy of this order. The writ application is disposed of with the above direction. Rajeev/ (Ajay Kumar Tripathi, J.)