IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16169 of 2010 1. KRISHNA GOPAL SINGH S/O LATE KAMESHWAR PRASAD SINGH R/O VILL. + P.O.- MOTHHA, P.S.- MARHOWRAHA, DISTT.- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, SARAN AT CHAPRA 2. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA 4. BLOCK DEVELOPMENT OFFICER MARHOWRAHA, P.O. + P.S.- MARHOWRAHA, DISTT.- SARAN AT CHAPRA 5. MUKHIYA, GRAM PANCHAYAT RAJ NARHARPUR P.O.- NARHARPUR, P.S.- MARHOWRAHA, DISTT.- SARAN AT CHAPRA 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ NARHARPUR P.O.- NARHARPUR, DISTT.- SARAN AT CHAPRA 7. THE DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY, SARAN AT CHAPRA ----------- 2 05/05/2011 This writ application has been filed by the petitioner for payment of salary for the period 1.1.2008 to 4.2.2009. Petitioner came to be terminated from service with effect from 5.2.2009 under the circumstances, that the petitioner was appointed against the vacancy caused by one Pravin Kumar. Pravin Kumar was reinstated on the post and the petitioner came to be ousted but claim of the petitioner is that atleast for the period he worked, he should be paid what is rightfully due to him. - 2 - Since the basic facts are not in dispute with regard to appointment of the petitioner and his subsequent ouster in the circumstances mentioned above, obviously the petitioner has been working in the capacity as Panchayat teacher. If that be so, no person can be permitted to work gratis and he has a right for payment of salary for the period he worked. This writ application is disposed of with a direction to respondent ns. 5 and 6, namely, Mukhia and Panchayat Secretary of Gram Panchayat Raj Narharpur, P.O. Narharpur, District Saran at Chapra that they will ensure payment of salary to the petitioner within a period of three months from the date of receipt/production of a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)