IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8989 of 1997 ANIL KUMAR BAKSHI, son of late Bakshi Amar Bahadur, resident of Laljee Tola, P.S. Gandhi Maidan, District Patna, at present posted as Clerk, Rai Bahadur Tunki Sah Rajkiya Homeopathic Medical College and Hospital, Muzaffarpur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Indigenous Medicine, Govt. of Bihar, Vikas Bhawan, Patna 3. The Under Secretary, Department of Medical Education and Family Welfare, Govt. of Bihar, Patna 4. The Principal, Rai Bahadur Tunki Sah Rajakiya Homeopathic Medical College and Hospital, Muzaffarpur … Respondents. ----------- 7. 22.7.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in his writ application reads as follows: “This is an application for issuance of a writ in the nature of mandamus directing and commanding the respondents to make payment of salary of the petitioner with effect from 2.11.1987, i.e. the date of joining of the petitioner, and if necessary a further direction to the respondents to sanction the fund for payment of salary to the petitioner be given and/or for issuance of any other appropriate writ/writs or order/orders or direction/ directions be issued, for which the petitioner may be found entitled to 2 under the facts and circumstances of the case given hereinbelow.” It has to be noted that such a prayer was made on 25.9.1997 when the writ application was filed but during the pendency of this writ application the services of the petitioner were declared to be illegal and void ab initio as per the order of the Under Secretary dated 7.9.1990, contained in Memo No. 748 (Annexure „C‟ to the counter affidavit). The petitioner in fact has not assailed the aforementioned order in this writ application and therefore, the prayer for payment of salary for the period 2.11.1987 to 7.9.1990 only i.e. the date of his termination could be allowed if the petitioner had really worked on the post of Clerk in Rai Bahadur Tunki Sah Rajkiya Homeopathic Medical College and Hospital, Muzaffapur. The respondents in this respect had in their counter affidavit taken a specific stand in paragraphs no. 4, 5, 6, 7 and 8 denying actual working of the petitioner even for a day in the College. It has also 3 been stated that the very appointment made by the Principal of the College was an unauthorized act, inasmuch as he had no such power to make appointment on the post of Clerk. That being so, this Court would not find any merit even in the claim of the petitioner with regard to payment of salary. Consequently, this application must be held to be without merit and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/