- (1.) HEARD the parties.
(2.) THIS appeal is directed against the judgment dated 6.3.2008 passed in W.P.S. No. 4523 of 2007 whereby learned single Judge dismissed the writ application holding that the claim for arrears of salary is stale claim inasmuch as the writ application was filed after 4 -1/2 years from the date when cause of action arose. Petitioner/appellant originally filed application in the Patna High Curt being CWJC No. 10961/1996 claiming arrears of salary for the period August 1991 to January 1993 comprising of two periods from 22.8.1991 to 31.12.1991 and 01.01.1992 to 3.1.1993. During the period from August 1991 to January 1993 petitioner/appellant was transferred from one place to another. On 22.8.1991 he was transferred from Gaya to Ghatshila, where there was no vacant post was available. On 31.12.1991, petitioner/appellant was transferred from Ghatshila to Lohardaga. On 18.12.1992, petitioner was again transferred from Lohardaga to Ghatshila, where he joined on 3.1.1993. During the aforesaid period, petitioner/appellant was not paid his salary.
(3.) A Bench of the Patna High Court after issuing notice of the case held that there was no justification for withholding salary of the petitioner and the respondent was directed to verify the claim of the petitioner and if claim is found genuine, he shall be paid his salary. When the order was not complied with, a contempt proceeding was initiated. However, during the pendency of the contempt proceeding, respondents considered the case of the petitioner and take a decision that so far first part of the period i.e. 22.8.1991 to 31.12.1991 is concerned, petitioner would be entitled to get his salary. So far second part of the period is concerned i.e. 1.1.1992 to 3.1.1993, respondents took decision that the period shall be treated as extra ordinary leave. The said decision was taken in 2003.;