Md. Shakir Hussain vs State Of Bihar

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

"i. Issuance of an order, direction or a writ in the nature of mandamus commanding the respondents concerned to make the payment of the salary of the petitioners in the same manner as was being paid to them before the issuance of the State Govt. Resolution as contained in Letter No. 10/03-06/1994 (va'k) 970, dt. 31.08.2013 (Annexure -3), that too, taking into account the order of this Hon'ble Court dated 27.03.2019 in CWJC No. 985 of 2015 (Annexure -6 to this writ petition).

ii. Issuance of an order, direction of a writ in the nature of mandamus commanding the respondent to make the payment of arrears of the salary claim of the petitioners from 15.02.2021 to till date, after making its proper calculation and upon supplying the said arrears of salary claim to the petitioner in advance.

Iii. For issuance of an order, direction or a writ in the nature of mandamus commanding the respondents concerned to make the payment of interest at least @ 12 % per annum over the said arrears of salary claim of the petitioner from 15.02.2011 to till date.

iv. For grant of any other relief(s) to which the petitioners may be found entitled to in the facts and circumstances of this case."

Learned counsel for the petitioners pray that the instant petition be disposed of exactly in the same terms as contained in the judgment dated 27th March, 2019 passed in CWJC No. 985 of 2015 titled as Imran Alam Vs. the State of Bihar & Ors. He further states that petitioner be permitted to represent the authority concerned venting out the grievances.

Learned counsel for the respondents states that if the petitioners represent before the authority concerned and if it finds that the case of the petitioners is squarely covered in terms of the judgment and order passed in Imran Alam (supra), then all observations and directions contained in the said judgment shall apply to the case of the petitioners mutatis mutandis and appropriate order will be passed as per law.

In view of the above submissions, this writ petition is disposed of with a direction that if the authorities find that the case of the petitioners is squarely covered in terms of the judgment and order passed in Imran Alam (supra), then all observations and directions contained in the said judgment shall apply to the case of the petitioners mutatis mutandis and appropriate order may be passed as per law.

Also liberty is reserved to the petitioners to approach the Court on the same and subsequent cause of action if the need so arises in future.

Accordingly, the writ petition is disposed of with the above observations and directions.

Interlocutory Application(s), if any, shall stand disposed of.