IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3911 of 2003 JUGAL KISHORE PRASAD son of Shree Kameshwasri Prasad Assistant Teacher, Project Girls High School, Sarmera, Police Station- Sarmera, District Nalanda. Versus 1.THE STATE OF BIHAR 2.The Secretary (Secondary Education), Secondary, Primary and Adult Education Department Government of Bihar, New Secretariat, Patna. 3.The Director (Secondary Education) Secondary, Primary and Adult Education Department Bihar Secondary Education Office, Intermediate Council Building, Budh Marg, Patna. 4.The Regional Deputy Director of Education Patna Division, Patna. 5.The District Education Officer, Nalanda. ----------- 3 5.8.2010 Counsel for the petitioner with regard to the following prayer, “That this is an application for issuance of an appropriate writ/ writs, direction/ directions directing the respondents to pay the salary of the petitioner, who is an Assistant teacher in Project Girls High School, Sarmera, Police Station- Saremera, District Nalanda ( herein after referred to as „ the School‟) from September, 2000 to up to date with all consequential benefits and current salary month to month accordingly and further to pay arrears of his salary from 1.1.83 i.e, the date of taking over of the school till 31.3.86 and further for the month of January and February, 1999 and February, 2000.” would submit that in terms of judgment of the Full Bench of this Court and the consequential judgment of the Apex Court the issue is now pending before the Director, Secondary Education and as such the petitioner may be given liberty to approach the Director, Secondary Education. Counsel for the State would submit that appointment of the petitioner was found to be illegal and doubtful. 2 In view of the fact that the petitioner wants to approach the Director, Secondary Education for a fresh look of his case, this application is permitted to be withdrawn with the aforementioned liberty. It is expected that the Director, Secondary Education shall take expeditious decision so as to give finality to the grievance of the petitioner. Abhay Kumar ( Mihir Kumar Jha, J.)