IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3933 of 2007 Nanhak Mochi, son of late Pachu Mochi, resident of Village Korma, P.S. Belaganj, Dist. Gaya. ------- Petitioner Versus 1. The State of Bihar. 2. Commissioner, Magadh Range, Gaya. 3. Collector, Gaya. 4. District Education Officer, Gaya. 5. In-charge Officer District Public Grievance Cell, Gaya. 6. Principal, Agarwal Uchch Vidyalaya, Belaganj, Gaya. -------- Respondents ----------- 2 16.08.2011 Having heard learned counsel for the petitioner and taking into account the vacillating stand taken by the District Education Officer, Gaya in the counter affidavit as with regard to continuation and payment of salary of the petitioner allegedly engaged against an unsanctioned post and in anticipation of creation of a post of Peon in Agarwal High School, Belaganj, Gaya, this Court would deem it expedient in the ends of justice to remit this matter back to the Director, Secondary Education being the head of the Department of the Government High Schools to examine the whole case of the petitioner in accordance with law while also considering the effect of an earlier orders of the District Education Officer, Gaya and 2 Headmaster of the school allowing the petitioner to continue in service for nearly twenty three years on payment of Rs. 50 per month. It is however made clear that if the Director, Secondary Education would pass an order for adjusting the petitioner against an existing sanctioned post in the school the petitioner will not be entitled for payment of any arrears of salary but, his length of service, if it is continued and uninterrupted from 1988, will be taken into consideration for computation of qualifying service for the purposes of his post retirement benefit only if he will complete ten years service from the date of his being adjusted on the post of peon in Agrawal High School in terms of the order of the Director, Secondary Education. absorbed in the high school. In order to expedite the matter, this Court would give liberty to the petitioner to file a self-contained representation enclosing all his evidence of continuing in service from 1984 in the school and the Director, Secondary Education, 3 thereafter having obtained report from the controlling authority of the high school and also holding necessary enquiry would take his final decision strictly in accordance with law. The resultant order passed by the Director, Secondary Education must contain reasons either for allowing or rejecting the claim of the petitioner and should also be communicated to the petitioner within a period of six months from the date of filing of his representation along with a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)