IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7460 of 2004 NANDJEE CHOUBEY, son of Sri Ram Nagina Choubey, resident of village Andaur, P.S. Kochas, District Rohtas at Sasaram (Bihar) … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Secondary Education Department, New Secretariat, Bihar, Patna 3. The Director, Secondary Education Department, Budha Marg, Patna 4. The Regional Deputy Director, Patna Division, Near Millar High School, Patna 5. The District Education Officer, Rohtas at Sasaram … Respondents ----------- 5. 21.6.2011 Considering the fact that the result of this writ application as with regard to the following relief: “That this writ application is for issuance of the order and direction of mandamus to respondents against the non-payment of salary to the petitioner from August, 2002 to up till date.” was dependent on the outcome of another writ application filed by the petitioner, C.W.J.C.No. 4680/2010, as was recorded by this Court in the order dated 26.11.2010, this writ application is, accordingly, disposed of with a direction to the respondents to make payment of salary of the petitioner in case the order of his 2 appointment and continuation in service is upheld by setting aside the order of his termination dated 24.9.2009 which was subject matter of the connected writ application, C.W.J.C.No. 4680/2010, and was not interfered by this Court. In fact C.W.J.C.No. 4680/2010 was remitted back to three Member Committee which had passed the order dated 24.9.2009 terminating the service of the petitioner on the ground that his absorption in the Project School was wholly illegal. It has to be noted that the Additional Director of Secondary Education also in his order dated 26th December, 1990 had made it clear that the payment of salary of the petitioner in capacity of a teacher of a Project School could be made only if his appointment was made by the competent authority in the prescribed manner and that his such appointment had also received approval of the Regional Deputy Director of Education. As these very issues had ultimately led to cancellation of appointment of the petitioner by the three- men Committee and the resultant order of 3 termination of service of the petitioner was also not interfered by this Court, this writ application, therefore, also has to be disposed of with a direction that in case the petitioner succeeds before the three-men Committee in demonstrating that his appointment was made in legal and prescribed manner, he would be entitled for payment of salary as claimed in this writ application. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/