IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11024 of 2004 ============================================= Raj Kumar Singh, s/o- Ram Dutt Singh, r/o- village- Sikaria, P.S.- Jehanabad, District- Jehanabad. .... .... Petitioner/s Versus 1. The Bihar Police Building Construction Corporation, Patna through its Chairman-cum-Managing Director, Patna, B.M.P. Campus, Patna- 14 2. The Chairman-cum-Managing Director, Bihar Police Building Construction Corporation, Patna. 3. The Home Secretary, Government of Bihar, Patna. 4. The Chief Secretary, Government of Bihar, Patna. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : None For the Respondent/s : Mr. (GA) Mr. Sunil Kumar Singh ============================================= 5 30-09-2011 No body appears on behalf of the petitioner. Counsel for the State is present. Petitioner seeks direction upon the respondents to pay salary for the period he remained out of service on account of order of termination passed against him which was set aside by this Court in C.W.J.C. No. 3813 of 1988. It is well settled that in a case where the Court or Tribunal grants relief which may result in reinstatement in service, the Court or the Tribunal has to act with circumspection in granting pecuniary benefits for the period the employee was out of service. It is a discretion independent of the ultimate relief granted to the petitioner. Entitlement to salaries and/or wages is not 2 automatic. In the present case, on a perusal of order dated passed in C.W.J.C. No. 3813 of 1998 and other analogous cases, this Court, while granting relief to the petitioner did not exercise the said discretion. Although a prayer in this regard was made in the writ petition. The said issue, therefore, cannot be raised now. There is no merit in this application. It is accordingly dismissed. PANKAJ KUMAR/- (Kishore K. Mandal, J)