IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2 of 2010 Kamlesh Mishra, son of Late Upendra Narayan Mishra Clerk, Project Girls High School, Naubatpur Nagawan, P.S. Naubatpur, District Patna.............................Petitioner Versus 1. The state of Bihar. 2. The Secretary, Secondary, Primary and Adult Education, Government of Bihar, Patna 3. The Director, Secondary Education, Department of Secondary, Primary and Adult Education, Govt. of Bihar, Patna. 4. Onkar Nath, son of Sri Braj Bhushan Sharma, resident of village and P.O. Nagwa, P.S. Naubatpur, District Patna at present Clerk, Project High School, Nagwa Naubatpur, District Patna.............Opposite Parties ----------- 2 04.08.2010 This petition is for modification of the order dated 25.11.2009 passed in CWJC No. 7429 of 1999. Learned counsel for the petitioner submits that even after appointment of the private respondents on the post of Clerk vide Memo No.449 dated 24.06.2008, petitioner had put signature on the attendance register till the date of his superannuation. Therefore, it cannot be presumed that he was stopped from working, as noticed by this Court. From the order it appears that it was specifically submitted on behalf of the petitioner that after such appointment of the private respondents, petitioner was stopped - 2 - from working and the same was noticed in the order. Now it is not open to the petitioner to take a different stand contrary to the submissions made on his behalf by the learned counsel in the writ matter. The modification petition is dismissed. B.T (J. N. Singh, J.)