IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2274 of 2007 Biranjan Kumar Sah, son of Sri Sahdeo Prasad Sah, resident of village- Narainpur, via + P.S. Barahat, District- Banka. …………. Petitioner Versus 1.The State Of Bihar 2.The Director, (Secondary Education)-cum-Special Secretary, Secondary, Primary and Adult Education Department, Bihar, Patna 3.Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur 4.District Education Officer, Banka 5.The Head Mistress, Project Girls High School, Katoria, Banka ………… Respondents ----------- 2. 04/03/2010 Upon his own showing, against his termination order dated 23.3.2002, petitioner had moved this Court. His writ application was dismissed by order dated 14.11.2002, against which he filed an appeal through L.P.A.No.66 of 2003. The same was also rejected by order dated 30.1.2003, as contained in Annexure-7. Learned counsel for the petitioner submits that while rejecting the appeal, the Division Bench of this Court had observed that if the Director, Secondary Education finds that the other similarly situated persons, who were appointed in breach of the statutory rules and contrary to the constitutional mandate, are continuing in service, their cases should also be considered and appropriate order should be passed. - 2 - A counter affidavit has been filed in which it is stated that this direction of the Division Bench has been complied with and the persons, who were identified from the records, were terminated from service. Learned counsel for the petitioner disputes this assertion. However, even if some persons are still continuing, that does not give right to the petitioner to be restored in service in view of rejection of his writ application and appeal by this Court against his termination order. This writ application is accordingly dismissed. Pradeep/ (J. N. Singh, J.)