IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10245 of 2002 CHAKRADHAR PRASAD, son of Sri Thakur Prasad, part time Lecturer in the Faculty of Civil Engineering, Govt. Polytechnic College, Bhagalpur. Resident of Shivaji Nagar, P.O. Mirjanhat, District Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The Secretary, Science and Technology Department, Govt. of Bihar, Patna. 3.The Principal, Govt. Polytechnic College, Bhagalpur, At, p.O. & District Bhagalpur. ----------- 3 24/6/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application is for regularization of his services on the post of Lecturer in the faculty of Civil Engineering in Govt. Polytechnic College, Bhagalpur. The petitioner in addition to the same has also claimed payment of full salary at par with the regularly appointed lecturers in the said College. Counsel for the petitioner, however, on being asked the mode of the appointment of the petitioner accepts that engagement of the petitioner was made on the basis of a notice board circulation. The post of Lecturer in a Polytechnic College is a gazetted post and has to be advertised in the newspaper and selection procedure has to be conducted by the Commission. Nothing of the sort has happened in the case of the petitioner and therefore appointment of the petitioner cannot be said to be a valid appointment in the eye of law. Such position in law has already been clarified in the case of Secretary, ‘State of Karnataka Vs. 2 Uma Devi’(3) reported in 2006 (4) SCC page-1. Once this Court would not find any merit in the claim of regularization of service of the petitioner, it would be difficult for this Court to allow the claim of salary on the plea that the petitioner was doing the same work as of being discharged by the regularly appointed Lecturers. The back door appointees would be bound by their terms of appointment which had only fixed some remuneration. The petitioner having accepted the remuneration with his open eye came not equate his case for payment of salary in the prescribed pay scale as has been paid to the regular employees of the Polytechnic. That being so, this application has no merit and is, accordingly, dismissed Abhay Kumar ( Mihir Kumar Jha, J.)