IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7897 of 2003 CHHUTU RAM MAHTO, Son of Late Tilak Mahto, Permanent resident of village Kolma, Post office Lodhatu, Police Station Sonahatu, District Ranchi. Versus 1.THE STATE OF BIHAR 2.Secretary cum Inspector General of Registration, Bihar, Patna. 3.Deputy Inspector General of Registration, Bihar, Patna. 4.District Sub. Registrar, Samastipur (Bihar). 5.Sub. Registrar, Dalsingh Sarai, District Samastipur (Bihar). 6.State of Jharkhand. 7.Inspector General of Registration, Jharkhand, Ranchi. ----------- 3 14/12/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that prayer of the petitioner is confined only to the extent of payment of salary for a period from June, 1998 to 13th August, 2000 and the stand of the respondents in the impugned order itself is that the petitioner’s earlier appointment/regularization on the post of temporary clerk was beyond the prescribed sanctioned strength of temporary clerk for Ranchi district and that the petitioner’s subsequent absorption by the impugned order on the post of temporary clerk has been done on the humanitarian ground, this Court would find it difficult to direct the respondents to also pay the salary for the period when there was no sanctioned post available for the petitioner. 2 It however is made clear that even though the petitioner will not be entitled for payment of salary, but seniority will be maintained from the first date, i.e, 12.10.1988 for all other purposes. The issue as to whether what would be the effect of order dated 10th August, 2000 and for what period the petitioner will be entitled for payment of salary, being essentially question of fact, will be looked into by the authorities in the backdrop that if the petitioner would produce any authentic document to show about his functioning in a particular office against a sanctioned post, he will also be paid salary for the concerned period. With the aforementioned observation/ clarification/direction this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)