IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.147 of 2008 Sanjay Kumar son of Laxmi Prasad, resident of Village – Tulsiyani, P.S. Simri Bakhtiyarpur, District – Saharsa…………………………….Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Department of Education, Govt. of Bihar, New Secretariate, Patna 3. Director, Department of Primary Education, Government of Bihar, New Secretariate, Patna. 4. District Superintendent of Education, Saharsa………………………………………………………………..Respondents ------ 2 24.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to pay his salary and other allowances legally payable to him as Assistant Teacher in a Government Aided Harijan Kanya Middle School, Choutara, Anchal Nohatt, in the district of Saharsa and prayer has been made to grant him the same relief as per the order passed in CWJC No. 5278 of 2004 and analogous cases, a copy of which is annexed as Annexure-1. Annexure -1 is the order of batch of 176 cases in which the then Hon’ble the Chief Justice had referred the matter to a High Level Committee of the Government for 2 scrutinizing, screening and examining the individual claim of the respective petitioners for consideration of validity or otherwise of their appointment. Much water has flown after the said order of the then Hon’ble the Chief Justice and, therefore, it is not possible for this Court to direct the respondents to hold that the said order will apply in the case of the petitioner also. So far as case of the petitioner is concerned, admittedly, from the very date of appointment i.e. on 05.10.1998 he has not been paid salary. As per his claim, he was appointed in Government Aided School. There is nothing on record to show that the school was subsequently taken over by the Government. The reference by learned counsel for the petitioner to an inspection report, annexed as Annexure-5 to the writ application, is hardly of any consequence in absence of the specific order of take over of the school. Petitioner has also not annexed any appointment letter to show as to under what terms and conditions he was appointed and whether in his appointment, procedure established for appointment on a public post was adopted. The writ application 3 is, therefore, devoid of necessary pleadings and materials to enable this Court to consider the claim of the petitioner. The writ application is dismissed. BT (J. N. Singh, J.)