IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.514 of 2008 Satya Prakash, son of Sri Dukhi Prasad, resident of Mohalla Rajendra Ashram Kali Bari, P.O. & P.S. Civil Line, District- Gaya …………… Petitioner Versus 1.The State Of Bihar 2.The Secretary, Department of Education Bihar, New Secretariat, Patna 3.The Director, Department of Primary Education Bihar, New Secretariat, Patna 4.The District Superintendent of Education, Gaya ………….. Respondents ----------- 2. 25/08/2010 Petitioner in this writ application has prayed for a direction to the respondents for payment of salary and other allowances, current and arrears in terms of pay scale prescribed and other benefits attached to the post of Assistant Teacher, present and future, and all other consequential benefits for which petitioner may be held entitled in the light of Government Resolution No.763 dated 9.2.1973. From the counter affidavit filed in the case, it appears that the school in which petitioner claims to be appointed and working was neither taken over nor was granted recognition. Hence, there was no question of any payment of salary etc. or `living allowance’ or `loss of fees’ to the petitioner. It is stated that the said 2 provision for grant of leave allowance and loss of fees was also abolished after the 1976 Act came into force. In the circumstances, this Court is not in a position to grant any relief to the petitioner by giving any positive finding in his favour. So far as Government Resolution No.763 dated 9.2.1973 is concerned, that is in respect of Government Policy for taking over of elementary schools. In view of judgment of Full Bench of this Court in the case of Sidheshwar Prasad Singh Vs. State of Bihar, reported in 1999(3) PLJR 490, this Court is also not in a position to issue any mandamus for taking over of the school. Therefore, petitioner is not entitled to any relief in this writ application. However, if petitioner considers any amount due to him as `living allowance’ or `loss of fees’ in accordance with law for any relevant period, he may file a representation for the same to the concerned authority. The writ application is disposed of. Pradeep/ ( J. N. Singh,J.)