IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13746 of 2009 1. PREM KUMAR PANDIT S/O SHRI RAM PRASAD PANDIT VILL- ISSAKPUR (GOCHI TOLA), P.O.- MANHAR, DISTT. VAISHALI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION TIRHUT DIVISION, MUZAFFARPUR 4. THE DISTRICT EDUCATION OFFICER SITAMARHI ----------- 2 19.1.2010 Heard Counsel for the petitioner and the counsel appearing of the State. This is the second round of litigation by the petitioner for a direction to make payment of his arrears of salary with effect from 2.1.1999 till date. Earlier the petitioner had filed CWJC No. 10055 of 2004, which was disposed of by order dated 1.8.2005 directing the respondent District Education Officer, Sitamarhi to release due salary of the petitioner with effect from 2.1.1999 till date he has actually worked forthwith. Thereafter against that order, LPA no.72/2006 was preferred, which was dismissed for non-prosecution by order dated 21.6.2006. Petitioner filed MJC No.69 of 2006 for initiating a proceeding for contempt, which was disposed of by order dated 23.6.2008, on the ground that vide impugned order a discretion was left with the Opposite parties to determine the eligibility. There was no mandate for 2 payment but for ascertaining the eligibility, which was done. The eligibility of the petitioner has been considered by the District Education Officer, Sitamarhi and by order dated 23.6.2008 the claim of the petitioner for payment of salary has been rejected on the ground that he was not appointed on 2.1.1999 and subsequently also there is nothing to show that he continued against the post. I do not find any merit in this application as such it is dismissed . However, the petitioner may represent his case before the Director, Secondary Education, Government of Bihar, Patna, to examine the matter and pass necessary orders. (Mridula Mishra,J.) A.Kumar