IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7738 of 2007 Ram Lakhan Prasad, son of late Pokhraj Mahto, resident of village Samaxi, P.S. Mufassil, District Nawadah, at present posted and working as an Assistant Teacher in recognized Non-Govt. Middle School Sikandra, P.S. Muffasil, under District Nawadah … Petitioner Versus 1. The State Of Bihar 2. The Secretary to the Department of Human Resources Development Bhawan Bihar, Patna 3. The Director (Primary Education), Human Resources Development Department, Bihar, Patna 4. The District Superintendent of Education, Nawadah … Respondents -------------------- 2. 23.9.2011 The prayer of the petitioner in this writ application is for payment of salary from 20.12.1970 on the basis that he is a teacher working in Middle School, Sikandra in the District of Nawadah. The respondents have filed a counter affidavit, paragraphs 6 and 7 whereof reads as follows: “6. That it is stated that claim of petitioner is that he is working Assistant teacher of Middle School, Sikandara (Nawada) which was initially managed by Management Committee. In fact petitioner is not entitled for regularization and payment of salary (previous or future) as school in question has never been taken over by State Government and services of the petitioner also has never been taken over by the State Government in view of departmental notification contained in memo no. 2267 dated 23.8.1993 in this regard Commissioner cum Secretary, Department of Human Resources Government of Bihar, Patna had passed an order pursuant to direction of this Hon’ble Court vide 2 memo no. 1645 dated 25.9.2006 wherein the similar facts was involved and the Secretary has rejected the claim of similarly situated claimant dealing the entire matter in this regard. 7. That it is further stated that issue involved in instant writ petition has already been decided by the State Government vide order contained in memo no. 1645 (Annexure –A) wherein it has clearly been stated that cabinet of the State Government vide its resolution dated 30.6.1993 cancelled its earlier decision dated 16.1.1990 whereby proposal to take over 982 primary school was decided to be considered. And thus State Government has decided not to take over any school from within said 982 primary schools and therefore services of the petitioner and his school was also not taken over by State Government and hence question of making payment of arrear of salary to them also does not arise and instant writ petition is fit to be dismissed.” Despite service of the counter affidavit on the counsel for the petitioner on 19.9.2011 there is no rejoinder to the same nor counsel for the petitioner has appeared. That being so, this application in the light of the aforementioned uncontroverted stand of the respondents must be held to be wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/