IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14286 of 2009 1. HARENDRA KUMAR PRASAD S/O DIN DAYAL RAUT VILL-CHITRAWALIA, P.O- CHITRAWALIA, P.S- EKMA, DISTT- CHAPRA (SARAN), Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, EDUCATION NEW SECRETARIAT, PATNA 2. DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 3. DISTRICT EDUCATION OFFICER, SARAN AT CHAPRA 4. HEAD MASTER null AMBIKA DADA HIGH SCHOOL, CHITRAWALIA ----------- 2 01.02.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s case is that he was appointed on the post of peon, against the vacant post in Ambika Dada High School, Chitrawalia, Saran and working since 26.2.2003 till date. He received his daily wages till 2005. His appointment re-conducted by the Managing Committee of School on 27.6.2005. Though he is continuously discharging his duty as daily rated employee, but his emoluments are not being paid. Counter affidavit has been filed by the District Education Officer, Saran, where it is stated that the School in question is privately managed school and for all its’ affairs relating to appointment, termination and payment of salary to its Staff, the Managing Committee of the School is responsible. In case the petitioner has any grievance, he should approach the Managing Committee and in case - 2 - the Managing Committee finds that petitioner was appointed properly, following the rules, and continuing to discharge duty of Peon, his grievances can be redressed by the Managing Committee of the School only. Considering this fact and also that writ application in such cases is not maintainable, this application is dismissed. However, petitioner has liberty to move before appropriate forum, for redressal of his grievance. (Mridula Mishra,J.) A.Kumar