IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5538 of 2009 MUKURDHAN PRASAD YADAV @MUKARDHUN YADAV, resident of village Pachagawa, PS Semara, District West Champaran ………. Petitioner Versus 1. THE STATE OF BIHAR through the Personnel Secretary, Home Department, Govt. of Bihar, Patna 2. The Principal Secretary, Home, Govt. of Bihar, Patna 3. The District Magistrate, West Champaran at Bettiah 4. The SubDivisional Officer, Bagaha, West Champaran 5. The Superintendent of Police, Bagaha, West Champaran 6. The Circle Inspector, Bagaha, West Champaran 7. The Officer Incharge, Semara, West Champaran ………. Respondents ----------- 02- 4.5.2009 Heard Mr.Ashok Kumar Mishra for the petitioner, and Mr. Anil Kumar Jha, learned Government Advocate no.II. The petitioner seeks a direction to the respondent authorities to make payment of his salary for the period 1982 to 1985 for having worked on the post of Dafadar on which he had worked temporarily and for further direction to appoint him on the post on substantive basis. We have not felt the necessity of directing the respondents to submit their counter affidavit in view of the nature of the order that I am going to pass. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears on the unilateral version of the petitioner that he worked as Dafadar from 1982 to 1985 without there being a sanctioned post and, perhaps, under unauthorized order. It thus appears to me that the petitioner’s engagement was not only on an unsanctioned post, but was also an illegal and back-door entry. It is, therefore, not possible for this Court to issue a direction to the respondent authorities to make payment of - 2 - the salary claimed by the petitioner. It further appears that the petitioner had last worked in 1985 on an unsanctioned post, and the present writ petition has been lodged in this Court on 29.4.2009. No relief as prayed for can be granted. 3. The writ petition is accordingly dismissed. ( S K Katriar ) mrl