IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1082 of 2009 PRAMOD KUMAR, Son of Ram Kripal Thakur, resident of Village-Phulwariya, P.S. Mahua, District Vashali. Versus 1. THE STATE OF BIHAR 2. The Collector, Vaishali. 3. The District Superintendent of Education, Vaishali. 4. The Block Development Officer, Mahua, District Vaishsali. 5. The Block Education Extension Officer, Mahua, District Vaishali. 6. The Mukhiya, Gram Panchayat Raj Phulwariya, Post Phulwariya, P.S. Mahua, District Vaishali. 7. The Panchayat Sachiva, Gram Panchayat Raj Phulwariya, Post Phulwariya, P.S. Mahua, Distict Vaishali. ----------- 4 3.1.2011 The present L.P.A. arises out of an order dated 2nd July, 2009 passed by the learned Single Judge in C.W.J.C. No.6955 of 2009 wherein the petitioner-appellant had questioned the order dated 12.4.2007 passed by the Headmaster of the concerned School cancelling his appointment on the post of Panchayat Teacher. The learned Single Judged has observed that the appellant herein has already filed C.W.J.C. No. 8135 of 2007 and the matter was remanded for proper enquiry and passing order in accordance with law. The learned Single Judge has further observed that the petitioner- appellant herein possess degree of Mdhyama first part which is not equivalent to a degree of Intermediate and Madhyama Visharad is equivalent degree of Intermediate and as such the learned Single has declined to interfere with the order passed by the concerned authority cancelling appointment of the appellant-petitioner. In view of the fact that the appellant had already filed 2 C.W.J.C. No. 8135 of 2007 and an observation had also been made by the learned Single Judge that Madhyama first part is not equivalent to the degree of Intermediate, We find no reason to interfere with the order of the learned Single Judge. At this stage, it is submitted on behalf of the appellant that the petitioner-appellant herein has worked for some time as a teacher therefore he is entitled for salary of the aforesaid period. Under the above circumstances, liberty is given to the appellant to file a representation to the concerned authority for payment of salary for the period he has worked and the authority concerned shall consider the representation in accordance with law. With the above observation this appeal is disposed of. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)