IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10670 of 2002 ACHINTA NATH & ANR. Versus THE STATE OF BIHAR & ORS ----------- 3/ 27/2/2009 I.A. No.1233/09 has been filed for substitution of the original petitioner, now deceased during the pendency of this writ application, by his legal heirs. Having heard learned counsels for the parties and considering that the matter has financial implications for the family of the deceased, I.A. No.1233/09 is allowed. The original petitioner is substituted by his legal heirs. The claim in this writ application by the original deceased petitioner was for salary for the periods- 8.2.1999 to 7.5.1999, 19.5.1999 to 18.9.1999 and 19.9.1999 to 18.11.1999 i.e., for nine months when the petitioner was re-engaged after superannuation from the post of senior selection grade assistant, by the District Maistrate, Kishanganj, on the same post in purported exercise of powers under Section-73A read with 85C of the Bihar Service Code and the Finance Department Circular No.1230/F dated 4.3.1989, as stated in the re- employment order dated 17.2.1999 at annexure-1. Counter affidavit has been filed on behalf of the respondents. It states that the District Magistrate, Kishanganj, committed an error in re-appointment and therefore, he was liable to pay the salary himself. This is 2 based on the orders of the Divisional Commissioner, Purnea dated 8.1.2001, at annexure-A to the counter affidavit. Learned counsel for the State submits that the District Magistrate, Kishanganj has preferred C.W.J.C. No.6673/06 challenging the order of the Divisional Commissioner. The original petitioner kept waiting in the inter official wrangling of liability and left this world. This Court is not inclined to leave the legal heirs to the same fate. This Court, therefore, directs for payment of the wages of the deceased for the duration of the re- engagement to his legal heirs within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. The issue of recovery shall abide by the final orders that may be passed in C.W.J.C. No.6673/06. The respondents shall be at liberty for factual verification of the dates claimed to have been worked by the deceased. The writ application stands allowed. KC ( Navin Sinha, J.)