IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.885 of 2009 Mukurdhan Prasad Yadav @ Mukardhun Yadav R/O Village Pachagwa P.S. Semara, District – West Champaran … Appellant Versus 1. The State Of Bihar Through The Personnel Secretary, Home Department, Govt. Of Bihar, Patna 2. The Principal Secretary, Home, Govt. Of Bihar, Patna 3. The District Magistrate, West Champaran, Bettiah 4. The Sub-Divisional Officer, Bagaha, West Champaran 5. The Superintendent Of Police, Bagaha 6. The Circle Inspector, Bagaha, West Champaran 7. The Officer Incharge, Semara, Bagaha, West Champaran …………. Respondents ----------- For the appellant : Mr. Janardhan Pd. Singh, Mr. Kunal Tiwary, Advocates For the Respondents: Anil Kumar Jha, GP – II 4 19/11/2009 Heard learned counsel for the appellant and learned counsel for the State. By the order under appeal dated 4.5.2009 the writ petition preferred by the appellant bearing CWJC. No.5538 of 2009 has been dismissed mainly on the ground that petitioner’s engagement as Dafadar was illegal and on unsanctioned post and on the ground that he had approached this court in April 2009 whereas he had last worked in 1985. On behalf of the appellant it has been 2 submitted on the basis of Annexure -1 to the writ petition that no doubt the recommendation for appellant’s appointment was made by the Officer Incharge of Semara Police Station and under that Police Station no post of Dafadar was available but he was asked by the order of the Superintendent of Police, Bettiah to work on another post in purely temporary capacity and in that capacity, according to the appellant, work was rendered by him till 1995 and the order under appeal wrongly mentions that petitioner had last worked in 1985. Admittedly, the appellant could not be appointed in a regular manner on a vacant post with due recommendation of the Officer Incharge of that place. In such a purely temporary capacity he claims to have worked without any remuneration. Subsequently in the year 1990, posts of Chowkidar and Dafadar under Rural Police Scheme became the posts under the government requiring to be filled up as per law applicable for the recruitment of government employees. Admittedly, the appellant was never 3 appointed as per such recruitment rules. In the aforesaid facts, the prayer of the appellant in the writ petition that direction be issued to appoint him on the post of Dafadar on substantive basis could not have been allowed. So far as the appellant’s claim for salary for the period 1982-1995 is concerned, in the counter affidavit a stand has been taken that since the matter has become stale respondent no.5 the Superintendent of Police, Bagaha does not have any records relating to the claim of the appellant and it is difficult to process the claim of the appellant in absence of such records. In view of delay caused by the appellant in filing the writ petition and in view of aforesaid stand of respondent no.5 in the counter affidavit, it is not possible to grant relief even in respect of claim for salary. Hence, we find no good ground to interfere with the order passed by the writ court. The appeal is, therefore, dismissed. Although the writ petition and the appeal have been dismissed because the claim for salary has not 4 been admitted by the respondents, if the Superintendent of Police, Bettiah/Bagaha finds from the records that the petitioner has worked and rendered satisfactory service for any period of time then for such admitted period of work dues as per law may be paid to the appellant. It further goes without saying that in case vacancies are advertised and the appellant is eligible, he may apply and the same shall be considered in accordance with law. Neyaz/ (Shiva Kirti Singh, ACJ.) (S. K. Sharma, J.)