IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1255 of 2024 In Letters Patent Appeal No.3 of 2021 ======================================================

Manoj Kumar ... ... Petitioner Versus The State of Bihar & Ors.

... ... Opposite Parties ======================================================

Appearance :

For the Petitioner/s : Mr. Prafull Chandra Thakur, Adv. For the Opposite Party/s : Mr.Additional Advocate General 4 ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)

3 11-03-2026 Learned counsel for the petitioner has submitted that the Division Bench of this Court in its order dated 15.01.2024 passed in L.P.A. No. 3 of 2021 has observed at para 6 as under:-

"The intervening period from

14.06.2003 till reinstatement is required to be regulated to the extent that the concerned respondent is hereby directed to compute the intervening period from 14.06.2003 till reinstatement only for the purpose of calculating service towards fixation of pension and it is made clear that petitioner is not entitled to any other monetary benefits.

However, from the date of initial appointment on 29.05.1989 till 14.06.2003, the entire service shall be taken into consideration for the purpose of fixation of pay, increment, time bond and ACP, if any. After reinstatement into service his pay is required to be fixed with reference to the date on which he was drawing a particular pay scale on as 14.06.2003, the date on which his services were terminated. Such pay scale shall be continued while reinstating the appellant, however, he is not entitled to any difference of salary or increments from 2003 till reinstatement. In other words, the overall monetary benefits are to be extended only from the date of reinstatement till date of his retirement. Accordingly, order of the learned Single Judge and impugned order passed in CWJC No. 2846 of 2020 is set aside."

2. Learned counsel for the petitioner has further submitted that against the said order, the State had preferred S.L.A. No. 8650 of 2024 before the Hon'ble Supreme Court. The Hon'ble Supreme Court while dismissing S.L.A. No. 8650 of 2024, granted six weeks' time to the State to comply with the directions of this Court.

3. Learned counsel for the State is directed to file show cause indicating full compliance of order of this Court.

4. As prayed for, put up this matter on 08.04.2026.

(Alok Kumar Pandey, J)

(Ramesh Chand Malviya, J)

shahzad/-

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