IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5396 of 2003 FULWA DEVI wife of Late Bundi Chaudhary, resident of Mohalla Pulpar, P.O. Bihar Sharif, District- Nalanda, Peon of Kamla Nehru Project Girls High School, Chandasi (Noorsarai), P.S. Noorsarai, District Nalanda. Versus 1.THE STATE OF BIHAR 2.The Secretary, Human Resources Development (Primary, Secondary and Adult Education) Department, Government of Bihar, New Secretariat, Patna. 3.The Director (Secondary Education), Human Resources Development (Primary, Secondary and Adult Education) Department, Government of Bihar, Bihar Secondary Education Office, Amrapali Bhawan, Bailey Road, Patna. 4.The Director (Administration) cum Joint Secretary, Human Resources Development (Primary, Secondary and Adult Education) Department, Government of Bihar, New Secretariat, Patna. 5.The Deputy Director (Secondary Education), Human Resources Development (Primary, Secondary and Adult Education) Department, Government of Bihar, New Secretariat, Patna. 6.The Regional Deputy Director of Education, Patna Division, Patna. 7.The District Education Officer, Nalanda. 8.The District Magistrate, Nalanda. 9. The Head Mistress, Kamla Nehru Project Balika Ucha Vidyalaya, chandasi, Noorsarai, Nalanda. ----------- 11 18.8.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “(a)The Respondents be directed to calculate all the due salaries and allowances admissible and legally payable to the petitioner with effect from 01.01.1989 and such calculated amount of arrears of salary be directed to be paid to the petitioner within shortest period fixed by the Hon’ble Court. (b)The Respondents be further directed to pay current salary to the petitioner regularly.” It appears that during pendency of this writ application 2 the issue regarding payment of salary as also recognition of services of the petitioner in the Project School against the post of Peon was considered in view of direction given by this Court in C.W.J.C. No.10098 of 1997, wherein this Court while considering the case of Brij Nandan Prasad by its order dated 11.1.2000 had directed the Director, Secondary Education to take a decision as with regard to the claim on the post of Peon in the Project School. During consideration of the case of Brij Nandan Prasad the petitioner also had filed her application and in the impugned order that was passed on 31.1.2005 entire claim of the petitioner with regard to two posts of peons as also her claim for payment of salary was gone into, whereafter the Director, Secondary Education had held that on the two posts of Peon, Brij Nandan Prasad and Nand Kishore Prasad were fit to be absorbed in the present school. While doing so, the Director had also rejected the case of the petitioner and consequently when such order was passed on 31.1.2005 the petitioner has filed a fresh writ application, i.e. C.W.J. C. No. 4645 of 2005, wherein relief prayed for are as follows:- “(a)The impugned order passed by the Respondent No.2 as contained in Memo No.43P dated 31.01.2005 (Annexure 22) be quashed. (b)The services of the petitioner as peon of Kamla Nehru Project Girls High School Chandasi, Noorsarai, Nalanda be approved/ confirmed who has been working on the post from 16.01.1982 continuously till today.” In view of the fact that now everything will depend on the out-come of the challenge to the order passed by the Director, 3 Secondary Education dated 31.1.2005 which has been challenged by the petitioner in her aforesaid pending writ application, even her claim for payment of salary which will be squarely dependent on recognition of her service in the Project School, can be gone into in the aforesaid pending writ application, i.e. C.W.J.C. No.4645 of 2005. This application has infact become infructuous and is accordingly dismissed with an observation that the petitioner will have also liberty to claim her payment of salary for the period for which this writ application was filed, if necessary, by filing an amendment petition in her aforesaid writ application i.e. C.W.J.C. No. 4645 of 2005.n the said writ application, i.e. C.W.J.C. No.4645 of 2005. Abhay Kumar ( Mihir Kumar Jha, J.)