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After being appointed on a contract basis following retirement from service, if entitled to arrears of salary during working period, to extend the same together with interest at the rate of 6% per annum and if not eligible, a comprehensive speaking order should be issued and informed to concerned party is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. B. BAJANTHRI in the case of Saraj Ali Ansari Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 2157 of 2021)

Brief facts of the case are that the petitioner has requested for the issuance of writs, orders, and directions commanding the respondent’s authorities to pay the petitioner’s salaries from May 2020 to October 2020 for the duties he performed during that time after being appointed on a contract basis following his retirement from service. The short question for discussion in this petition is whether or not petitioner is entitled to salary arrears from May 2020 to October 2020, and in this regard, petitioner has given representations on 15.09.2020 and 17.10.2020, respectively, as Annexures.

The concerned respondent is instructed to determine if the petitioner is entitled to arrears of salary for the period from May to October 2020, as mentioned in the representation, and if so, to extend the same to him together with interest at the rate of 6% per annum. If he is not eligible, within two months of receiving this order, a comprehensive speaking order should be issued and informed to the petitioner. Hence, the instant petition stands disposed of.

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Judgement reviewed by – Pooja Lakshmi