IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6839 of 2008 MADAN NARAIN JHA & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 5/5/2008 Heard the parties. In this writ application two petitioners, namely, Madan Narain Jha and Mishri Narain Jha have made prayer for a direction upon the respondents to make payment of arrear of salary from 1/7/1992 to 15.6.2002 as also for payment of dearness allowance from 1983. On their own showing the petitioners had also earlier filed a writ application being C.W.J.C. No. 4868 of 1999 wherein a similar grievance was also made for non payment of salary and dearness allowance for the period 1989 -1999 and this Court after noticing the stand in counter affidavit filed by the Headmaster stating that the petitioner had never attended the school since July, 1992 onwards, had confined its direction for making payment of salary to the petitioner for the period 1989 to 1992. Obviously, for the same relief by merely extending the period of salary from 1999 to 2002 as has been sought in this writ petition, the petitioner can not be allowed to agitate the same grievance in view of principles of resjudicata and constructive resjudicate. Apart from that, appointing authority in the school of the petitioner is Managing Committee and as such decision of the headmaster either on his own or on behalf of the Managing Committee cannot be made 2 subject matter of a writ petition under Article 226 of the Constitution. If the petitioner is so advised, he may approach before the Civil Court for adjudication of his grievance. With the above observation this application is disposed of. ( Mihir Kumar Jha, J.) Abhay Kumar