IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13855 of 2009 1. DEVENDRA NATH SHARMA S/O NANDAN SHARMA VILL-DIHA BAZAR, P.S-BELAGANJ, DISTT- GAYA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE GAYA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION GAYA 4. THE B.D.O. BELAGANJ, GAYA 5. THE PANCHAYAT SACHIV SHREEPUR, P.S- BELAGANJ, DISTT- GAYA ----------- 2 21.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was terminated from the post of Panchayat Shiksha Mitra vide order passed by the District Magistrate, Gaya contained in letter No. 3251 dated 24.4.2007. Petitioner’s prayer is for a direction to make payment of his due salary for the period he has worked i.e. March, 2006 to 16.5.2007. The prayer of the petitioner is in the light of the order passed by the District Magistrate, Gaya, whereby appointment of petitioner has been held to be illegal on account of non-observance of procedure for appointment as per guidelines by the Appointing Authority. The collector has also issued a direction for realizing the money paid as salary to the illegally appointed Panchayat Shiksha Mitra, from the appointing authority. Petitioner has already challenged his termination order by filing another writ application. 2 Considering the order of the District Magistrate, Gaya (Annexure-2) and the finding recorded, the petitioner is entitled for his salary, for the period he has worked i.e. March 2006 to 16.5.2007. This application is being disposed of directing the District Magistrate, Gaya and the District Superintendent of Education, Gaya for making payment of salary to the petitioner for the period he has worked. Payment must be made within a period of four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar