IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1091 of 2009 BIRENDRA SINGH, son of Rajendra Singh, resident of Village Sisai, P.S. Goriakothi, District Siwan. Versus 1. THE STATE OF BIHAR , through the Commissioner Cum Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2. The Chief Engineer, Public Health Engineering Department, Government of Bihar, Patna. 3. The Superintendent Engineer, Public Health Engineering Circle, Chapra. 4. The Executive Engineer, Public Health Engineering Division Siwan. 5. Rakesh Bihari Singh, Son of Praduman Singh resindent of Village Harilyas, P.S. Hussainganj, District Siwan. ----------- 4 3.1.2011 This appeal arises out of an order dated 11.2.2009 passed by the learned Single Judge in C.W.J.C. No.8627 of 2002 declining to interfere with the order passed by the authority on 13.4.2002 terminating the services of the appellant-petitioner. Having heard counsel for the appellant as also counsel for the State, we are of the opinion that appointment of the appellant-petitioner was not made in accordance with the procedure and therefore such appointment cannot be said to be a valid one. However, as the appellant-petitioner is continuing in service for a period of 18 years, in our opinion, he is entitled for salary for the period he has worked. In that view of the matter, liberty is given to the appellant to make a representation for payment of salary for the period he has worked on daily wages and if such representation is made the same shall be considered in accordance with law. With the above observation this appeal is disposed of. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.) 2