IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4695 of 2007 Brijendra Kumar, son of Tota Paswan, resident of Village Langoora Kala, P.S. Mohanpur, District Gaya. -------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Gaya. 3. The District Superintendent of Education, Gaya. 4. The Block Education Extension Officer, Mohanpur, Gaya. 5. The Secretary, Gram Panchayat Kewala, Mohanpur, Block Gaya. 6. Mukhiya, Gram Panchayat, Kewala, Mohanpur, Gaya. -------- Respodents ----------- 2 26.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1. That this is an application for the issuance of an appropriate writ or writs, and direction or directions commanding the respondents to make payment of the arrears of the salary of the petitioner alongwith the current salary from the month of February 2006 till the date who has been working as “Siksha Mitra” in the Primary School kept in Kewala Gram Panchayat in the District of Gaya.” and noticing his specific case in paragraph no.2 of his legal notice (Annexure-3) reading as follows:- “2. That later on my client has been appointed on the post of “Lok Shikshak” at Lok Siksha Kendra, Langoora Kala, Gram Panchayat Kewla, (Mohanpur) by the 2 recommendation of appointment committee of Gram Panchayat Kewla (Mohanpur) for the period 15.7.05 to 14.7.06 and he began to perform his duty as a Lok Shikshak after getting the appointment letter.” this Court is of the opinion that if the petitioner was never appointed on the post of Shiksha Mitra and he had remained associated on the post of Lok Shikshak, he cannot claim payment of salary for the post of Shiksha Mitra. Accordingly, this application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)