IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13214 of 2009 JANGALI MANDAL, Son of Late Channi Mandal, resident of village- Kachariya, P.O.-Budhuchak, District-Bhagalpur. …………..Petitioner. Versus 1. The State of Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna. 3. The District Education Officer, Bhagalpur. 4. The Headmaster, High School, Budhuchak, Bhagalpur. ………Respondents. ----------------- 2/ 04.01.2010 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner’s claim is that he was appointed by the Managing Committee of High School, Budhuchak, Bhagalpur, on the post of Night-guard and he started working on the post since 14.08.1999. After working for so many years, he has been terminated from his services as per the direction of District Education Officer, Bhagalpur contained in Memo No. 1498 dated 17.07.2009. The Headmaster of the school in compliance of the direction of the D.E.O. has stopped taking work from him and making payment of salary. On perusal of the proceedings of the Managing Committee, it transpired that as a local arrangement considering the incidents of theft in the school premises, petitioner was permitted to discharge duties of Night-guard. His appointment was never recommended nor sent for approval against any sanctioned post to the concerned authority. He was paid his salary on the basis of contribution made by the local people. In sum and substance, petitioner continued to work as night-guard 2 as local arrangement. It was never a formal appointment. In this circumstance, no direction can be issued to any of the authorities to regularize the petitioner on the post of Night-guard. The Managing Committee of the school in case interested in retaining the services of the petitioner, they can take steps for regular appointment of the petitioner as well as for formal approval of his appointment. No such direction can be issued in the facts and circumstances of the case. Accordingly, this application is dismissed. Sanjeet/ (Mridula Mishra,J. )