IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16008 of 2010 1. DURGA KANT JHA S/O BADYA NATH JHA R/O VILL.- DHAMDAHA SOUTH, P.S. + P.O.- DHAMDAHA, DISTT.- PURNEA 2. ARBIND KUMAR CHAND S/O SRI BRAHM NARAYAN CHAND PRESENTLY RESIDING AT RAM NAGAR, P.O.- POLYTECHNIC, P.S.- K. HAT, DISTT.- PURNEA, PERMANENT R/O VILL.- BARUNA, P.O.- ORALAHA, VIA- BARAHARA KOTHI, DISTT.- PURNEA 3. ABHIMANYU LAL DAS S/O LATE ARJUN LAL DAS R/O VILL.- BANGAON, P.S.- BANGAON, DISTT.- SAHARSA 4. RAJANI KANT THAKUR S/O SRI CHANDRA SHEKHAR THAKUR R/O MOHALLA- SHASTRI NAGAR, P.S.- K. HAT, P.O.- MADHUBANI, DISTT.- PURNEA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF LABOUR RESOURCES, GOVT. OF BIHAR, PATNA (FORMERLY KNOWN AS COMMISSIONER AND SECRETARY, DEPARTMENT OF LABOUR EMPLOYMENT AND TRAINING, GOVERNMENT OF BIHAR, PATNA) 3. THE DIRECTOR EMPLOYMENT AND TRAINING, EMPLOYMENT AND TRAINING DIRECTORATE, BIHAR, PATNA 4. THE DIRECTOR, SOCIAL SECURITY SOCIAL SECURITY DIRECTORATE, BIHAR, PATNA 5. THE DISTRICT COLLECTOR, PURNEA 6. THE DEPUTY DEVELOPMENT COMMISSIONER, PURNEA 7. THE DISTRICT COLLECTOR, SUPAUL 8. THE DEPUTY DEVELOPMENT COMMISSIONER, SUPAUL ----------- 2 18.04.2011 Four petitioners have filed this writ application for a direction to the respondents to pay their salary of the different periods as mentioned in paragraph one of the writ application. In paragraph 25 of the writ application a pleading has been made that all the petitioners have worked during the period. 2 As rightly observed by one of the learned Judges of this Court (Mihir Kumar Jha, J.) in his order dated 04.02.2009 passed in CWJC No.1764 of 2009 for any claim for payment of salary an incumbent has to satisfy that he was appointed in accordance with law following the mandate of Article 14 of the Constitution; he was appointed against the vacant sanctioned post and he was actually working in the relevant period. Though no counter affidavit has been filed in the case, but learned counsel for the petitioner referring to the resolution of the Government submits that after the scheme was closed in which the petitioners were employed it took some time in the Government to take a policy decision to absorb them in the regular service. During this period, the petitioners were not in service and only after their absorption they started working. The persons under that policy decision were not entitled to payment of salary of the intervening period which has been held by a Bench of this Court by order dated 04.03.2010 passed in CWJC No.17746 of 2009 and approved by a Division Bench also. 3 Since the petitioners stated on oath that they had actually worked during the period, the matter requires to be examined by the respondents on the basis of the records. Therefore, petitioners are granted liberty to file representation before the concerned Collector making a claim for payment of salary of the period. If such a representation is filed, the Collector shall get an enquiry held as to whether the petitioners were working during the period or not under valid orders and at the time of absorption they had not given any undertaking that they were not claim any salary of the period. If he finds that these matters are in favour of the petitioners he shall pass appropriate orders for payment of salary of the petitioners of the period within a period of two months from the date of receipt/production of a copy of this order along with the representation. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)