BRAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case is the sequel to an earlier Full Bench decision of this court in Braj Kishore Singh V/s. State of Bihar, 1997(1) PLJR 509. The petitioners ' contend that the State Government in refusing to pay them the arrears of their salary for the period prior to their regularisation in service pursuant to the earlier Full Bench H.M.P.Sugars Limited Versus Union Of India decision was trying to deny them what was already their due in terms of the earlier decision. The State Government on the other hand maintains that it fully complied with the earlier decision of this court by giving approval for the petitioners ' regularisation in service and by releasing the necessary funds to the University for payment of the petitioners ' salary from the date of their regularisation in service.

(2.) THERE are 20 petitioners in this writ petition. They earlier came to this court, seeking certain reliefs, in C.W.J.C. No. 497 of 1984 which was dismissed by a learned Single Judge of this court by judgment dated 6.4.1994. Against the judgment of the writ court the petitioners ' preferred an appeal in L.P.A. No. 36 of 1994. The appeal finally came to be heard before a full bench which by judgment and order dated 19.2.1997 allowed the appeal, set aside the judgment of the writ court and allowed the writ petition. The Full Bench noted the relevant facts of the case in paragraph 2 of its judgment which is as follows :

(3.) AGAINST the judgment of this court in L.P.A. No. 36 of 1994 the State Government prefered an appeal before the Supreme Court which was dismissed in limine by order dated 11.8.1997 passed in S.L.P. (Civil) No. 13585 of 1997. The State Government then filed I.A. No. 3 in that S.L.P. making a prayer that the order of dismissal of the S.L.P. may be modified to the extent that "it may not be treated as precedent for other cases and question of law may be kept open". The I.A. petition was disposed of by the following order passed on 1.12.1997. :