IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9143 of 2003 SURYADEO SINGH aged about 56 years son of Julumdhari Singh resident of village- Kumardhi, P.O.- Saran- Police Station- Makhdumpur, District- Jehanabad. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Bihar, Patna. 3. The District Superintendent of Education, Gaya. 4. The Area Education Officer, Gaya Sadar, Gaya. 5. The Headmaster, Primary School, Mira Bigha, Town, Block, Gaya. 6. The Headmaster, Primary School Brahmaurya, Amas, District- Gaya. … Respondents. ----------- 3. 13.09.2010 No one appears for the petitioner. Counsel for the State is present. The claim for payment of salary for the period March 1991 to 11.8.1994 and again October 1999 to 7.4.2003 on the ground that the petitioner had submitted his resignation on 7.4.2003 does not show as to whether his such resignation was preceded by his continuous working so as to become entitled for payment of salary. From the order of the authority dated 25th October 1991 (Annexure-1) it appears that there was some serious dispute as with regard to his working on the post of teacher and thereafter the payment of salary to the petitioner had remained an issue awaiting proper verification of the absentee statement showing his 2 continuous working. Such disputed question of facts as to whether the claim of payment of salary based on the working of the petitioner and that too after a long period of time cannot be made subject matter of a writ application under Article 226 of the Constitution of India. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)