IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8252 of 2010 1. SHASHI BHUSHAN PRASAD GUPTA S/O SRI ARJUN SAH R/O VILL & P.O.MATHURA SAHEBGANJ, P.S.BELHER, DISTT-BANKA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION , HUMAN RESOURCES & DEVELOPMENT DEPARTMENT BIHAR, PATNA 4. THE DISTRICT MAGISTRATE JAMUI 5. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHIEF EXECUTIVE OFFICER DISTRICT BOARD, JAMUI 6. DISTRICT EDUCATION OFFICER JAMUI ----------- 2 28/01/2011 Claim of the petitioner is that he was appointed as an Assistant teacher at High School, Daulatpur in the district of Jamui. He is supposed to have discharged his duty on the post from 22.11.2006 to 7.9.2007 when his services came to be terminated when a question mark was raised with regard to the validity of the so called B.Ed. degree which he had obtained and the legality of such an appointment based on such a degree. Learned counsel for the petitioner has approached the High Court with a limited purpose that he ought to be paid his salary for the period he has worked. In this regard, the Court would like to draw - 2 - assistance from the decision rendered in the case of Gautam Kumar Chaudhary Vs. State of Bihar and others reported in 2009(1) PLJR, 589 wherein in paragraph 5, a Division Bench of this Court has held as under :- “ As regards the grievance of the appellant that he has not been paid any salary for the period he worked, suffice it to observe that merely because his appointment was found bad in law at a later point of time and that resulted in cancellation of appointment, the appellant cannot be denied his salary for the period he worked.” In view of what has been decided above, a direction is issued to respondent no. 6, the District Education Officer, Jamui to ensure that the petitioner is paid his salary for the period he has worked. This writ application is allowed with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)