IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6070 of 2006 Birendra Kumar Mishra, S/o Singasan Mishra, Resident of Village Hasuaaha, P.O. Govindapur, P.S. Harsidhi, Via Areraj, East Champaran. -------- Petitioner Versus 1. The State of Bihar. 2. The Health Commissioner cum Secretary, Department of Health, Bihar, Patna. 3. The Director-in-chief, Health Services, Bihar, Patna. 4. The District Magistrate, East Champaran at Motihari. 5. The District Malaria Officer, East Champaran at Motihari. 6. The District Welfare Officer, East Champaran at Motihari. 7. The Civil Surgeon cum Chief Medical Officer, East Champaran at Motihari. -------- Respondents ----------- 4 13.08.2010 Heard learned counsel for the petitioner and counsel for the State. The following prayer of the petitioner in this writ application:- “1(i) For payment of salary to the petitioner for the period he has worked as seasonal Superior Field Worker under the Malaria Programme i.e. from the year 1983 onward. (ii) For payment of heavy compensation to the petitioner as even the Apex Court had observed to avail this opportunity, if the petitioner had actually discharged his duties.” in fact has been raised after the petitioner has completed one round of litigation up to the Apex Court as with regard to his claim of appointment on the post of Seasonal Superior 2 Field Worker on which he was appointed allegedly on 31.8.1989 by one Dr. Diwakar Narain. Prior to that, the petitioner was working as a Seasonal Worker for spraying D.D.T. under Malaria Eradication Program and for the period he has worked as Seasonal Worker i.e. February 1983 to July 1989, his payment of salary has already been paid. Thus, in view of the categorical statement made in the counter affidavit which has not been controverted by the petitioner, the prayer made in this writ application seems to be wholly misconceived. Admittedly, the petitioner’s payment of salary cannot be made for an appointment on the post of Superior Regional Worker, which was held to be illegal and the claim of the petitioner was also rejected by this Court and affirmed by the Apex Court. That being so, this application is wholly without merit and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)