IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7917 of 2003 BIJENDRA KUMAR MISHRA son of Sri Surya Narain Mishra, resident of village Bansara, P.O. Pachadhi, P.S. Rayam, District Darbhanga, posted as Clerk in Raj Ram Krishna Sanskrit High School, Pachadhi, District Darbhanga. Versus 1. THE STATE OF BIHAR 2. The Secretary, Secondary, Primary and Adult Education, Bihar, Patna. 3. The Special Director (Secondary Education), Secondary, Primary and Adult Education, Bihar, Patna. 4. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ----------- 4 30.08.2010 No one appears for the petitioner. Counsel for the State and counsel for the Sanskrit Siksha Board are present. Prayer of the petitioner in this writ application as with regard to payment of his salary for the period October, 1993 onwards is based on the ground that he was earlier working on the sanctioned post of Clerk in Bansi Raj Ram Krishna Sanskrit High School at Pacharhi in the district of Darbhanga, and that his services were earlier also approved by the Bihar Sanskrit Shiksha Board on the post of Clerk by an order dated 26th November, 1982, but subsequently when he was given ad-hoc conditional promotion on the post of teacher in the school and had continued on the said post for a period of two years before being reverted back on the post of Clerk on account of his not fulfilling the requirement of qualification for the post of teacher he cannot be denied payment of salary for the post of Clerk after the said post of Clerk became 2 vacant by resignation of one Smt. Gauri Rani who had earlier occupied the said post of the Clerk after temporary promotion of the petitioner on the post of teacher. The sheet-anchor of the petitioner is based on the letter of the Secretary of the Board dated 18.6.2002 which seems to be the inter-departmental communication in form of some query made by the Special Director, Secondary Education of the State Government. Unfortunately, in this case there is no counter affidavit filed on behalf of either the State or the Board. One thing, however, is clear that the moment the petitioner had left the post of Clerk his approval on the post of Clerk given on 26th November, 1982 had automatically come to an end specially when such appointment and approval of the petitioner was wholly temporary in nature. Additionally, when the Board also approved services of Smt. Gauri Rani and had made payment of her salary as appears from the contents of the report of the Secretary of the Board dated 18.6.2002, the petitioner’s continuance against the post of Clerk will be legally impermissible. If, therefore, the petitioner has not been able to complete and/or fulfill the requirement of qualification for the post of teacher on which he had been temporarily appointed by the Managing Committee of the School, he cannot now after disapproval of his service on the post of teacher stake of his claim 3 for payment of salary against the post of Clerk. In that view of the matter, this writ application has got no merit and is, accordingly, dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)