IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10476 of 2006 Hiraman Ram, S/o Bajrangi Ram, Resident of Village Paimarghat, P.S. Punpun, District Patna. ---------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Secondary Education, Bihar at Patna. 2. The Director, Department of Primary Education, Bihar at Patna. 3. The Regional Deputy Director of Education, Bihat at Patna. 4. The District Education Officer, Bihar at Patna. 5. The Principal, Urdu Middle School, Paimarghat, P.S. Punpun, District Patna. ----------- Respondents ----------- 5 27.6.2011 Having heard learned counsel for the parties and taking into account the specific stand of the respondents in their supplementary counter affidavit that there is no sanctioned post of Night Guard in the school, in question, this court would find it difficult to issue a writ of mandamus commanding the respondents either to regularize the service of the petitioner against the post of Nigh Guard or to direct for payment of salary against such non- existing post. The over emphasized reliance of the petitioner on a self-created attendance register bearing counter signature of the Headmaster of the school can at best make such Headmaster liable to pay salary on the 2 agreed terms and conditions of Rs. 100/- per month, which may be by way of private arrangement made by such Headmaster. The State Government in any of the elementary school (primary or middle school) has not sanctioned the post of Class-4 employee and, in fact, it is only the pre 1949 schools that one post of Peon was available, which also has been sought to be done away after the retirement of the person concerned continuing against such post. It is not the case of the petitioner that the school, in question, is a pre 1949 school or there was a sanctioned post of Peon in the school against which the petitioner was appointed as a Night Guard. In fact, the respondents, in their counter affidavit, have also clearly mentioned that the Headmaster of the school had never been vested power to appoint any person on a Class-IV post and accordingly he was informed that continuation of any person on a Class-4 post including the petitioner on the post of Night Guard was a personal decision of the Headmaster and for which the Government cannot be made liable to 3 pay salary or regularize him on account of his alleged continuation. Under such circumstances, this Court cannot grant any relief to the petitioner save and except giving liberty to him to initiate any action as may be permitted in law for recovery of the amount of his wages as assured by the Headmaster of the school i.e. Rs. 100/- per month. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)