IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.102 of 2010 1. SHAWETA KUMARI W/O RAJESH KUMAR JHA R/O VILL- PIRMOKAM, P.S- FALKA, DISTT- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRTARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 4. THE DISTRICT MAGISTRATE, KATIHAR 5. THE BLOCK DEVELOPMENT OFFICER, FULKA DISTT- KATIHAR, 6. MUKHIYA GRAM PANCHAYAT SOHTHA UTTARI PRAKAHAND FALKA P.S- FALKA, DISTT- KATIHAR 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT SOHTHA UTTARI PRAKHAND FALKA, P.S- FALKA, DISTT- KATIHAR 8. RAJANI KUMARI D/O SRI UMESH KUMAR R/O VILL- BIRPUR NAUBATPUR, DISTT- PATNA ----------- 02/ 04.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s case is that ignoring her merit and higher marks, one Rajani Kumari having lesser marks has been appointed on the post of Panchayat teacher. Subsequently the illegal appointment of Rajani Kumari was cancelled and the petitioner was allowed to join on the post with effect from 1.8.2009. Prayer of the petitioner is for a direction to the respondents to make payment of salary for the period, she was not allowed to be appointed and Rajani Kumari was appointed on the post illegally. The period is in between 20.9.2007 to 1.8.2009. - 2 - I find that petitioner has come before this Court with a prayer to direct the respondents for making payment of salary for the period during which she was not appointed. She has been appointed with effect from 1.8.2009 and prior to that she has no entitlement to receive the salary. This application is dismissed. DKS/ (Mridula Mishra, J.)