IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16939 of 2011 1. Gongdayal Singh S/O Late Gaya Singh, resident of Village Maranpur, P.S. Barouli, District- Goplaganj. Presently posted as Panchayat Sachiv at Gram Panchayat Raj Uchakagaon, District- Gopalganj. 2. Ram Bhavan Yadav Son of Shaligram Yadav Mishra Baghoura, P.S. Vijayeepur, District- Gopalganj. Presently posted as Panchayat Sevak in Grampanchayat Raj Bhore within Bhore Block, Gopalganj. 3. Shiv Dayal Pandit Son of Benga Pandit, R/O Village- Jindapatti, P.S. Badekagaon (Line Bazar) District- Gopalganj. Presently posted as Panchayat Sachiv in Gram panchayat Raj Panchdeori under Block, Gopalganj. Versus 1. The State of Bihar 2. The Dy. Secretary, Rural Development Directorate, Govt. of Bihar, Patna. 3. The District Panchayat Officer, Gopalganj. 4. The District Magistrate, Gopalganj. 5. The Block Development Officer, Barouli Block, District- Gopalganj. ---------------------------------- 2. 27.09.2011 Heard learned counsel for the petitioners as well as learned A.C. to A.A.G. 1 for the State and its functionaries. The petitioners have moved this Court for a direction to the respondents to pay the arrears of salary from the date of appointment till the date of posting which according to him have been due to the laches on the part of the respondents since inspite of the petitioners having completed their training were not given posting orders and thus the salary has been denied to them. Learned counsel for the petitioners has 2 drawn the attention of this Court to various orders of this Court by which such claim has been allowed and the matter has been sent to the concerned respondent for taking a decision after holding that the petitioners were entitled to such payment. Learned counsel appearing for the State on the other hand submits that as per the law well settled it is a stale claim and thus this court should not interfere. He states that the Hon’ble Apex Court in various decisions has held that such claim should not be entertained and thus the writ petition is fit to be dismissed at the very outset. After hearing the rival contentions, this Court is of the opinion that since the orders in Annexure- 4 series especially in C.W.J.C. No. 8933 of 2009 dated 30.07.2009 relates to the persons appointed in the same transaction in which the petitioner was appointed, it would be in the fitness of things that this Court also follows such decisions of this Court passed in the earlier cases which, as per the submission of the learned counsel for the petitioners, still holds the field and has not been overturned in appeal. In that view of the matter, the District Magistrate, Gopalganj is directed to consider the representation of the petitioners as contained in 3 Annexure-6 series to this application and pass appropriate order in accordance with law in light of the earlier order of this Court dated 27.7.1995, 16.10.2004 and 30.7.2009 passed in C.W.J.C. No. 7935 of 1994, 6912 of 1999 and C.W.J.C. No. 8933 of 2009 respectively as expeditiously as possible and within a maximum period of two months from the date of receipt/production of a copy of this order upon him. It goes without saying that the District Magistrate, Gopalganj shall also take into account all other legal provisions in the matter. If payment is found due to the petitioners the same should also be paid to them within the said period. The writ petition is disposed off with the aforesaid observations and directions. Anand Kr. ( Ahsanuddin Amanullah, J.)