IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1256 of 2007 Ashok Kumar Singh, son of Saran Kumar Singh, resident of village + Post+ P.S. Darauli, District Siwan … Petitioner Versus 1. The State Of Bihar 2. The Director, Secondary Education, Govt. of Bihar, Patna 3. The Regional Deputy Director of Education, Saran Division, Chapra 4. The District Education Officer, Siwan 5. The Headmaster, High School Darauli, Siwan … Respondents ----------- 2. 26.7.2011 Heard Counsel for the parties. Having regard to the fact that so called appointment of the petitioner on the post of peon was allegedly made by the Headmaster of the school without following prescribed procedure as laid down in statutory Rules contained in Seva Sarta Niyamawali, 1983 this Court would find it difficult either to direct the respondents to regularize the services of the petitioner or to make payment of his salary. From the pleadings it is apparent that it was the Headmaster who had merely recommended that the petitioner should be engaged on the post of peon by way of stop gap arrangement on account of absence of regular peon but such recommendation made by the Headmaster was never approved by the District Education Officer who had in fact 2 sent the matter back directing the Headmaster to make appointment as per provisions made in Seva Sarta Niyamawali. The Headmaster, infact, had himself not issued any appointment letter to the petitioner and therefore, the claim of the petitioner that he had continued in service on mere oral assurance of the Headmaster or on the basis of some recommendation made by him to District Education Officer would not be fulfilling the prescribed procedure of appointment in public service of following mandate of Articles 14 and 16 of the Constitution of India and Statutory Rules. Such appointment being in total negation of the mandate of Articles 14 and 16 of the Constitution has to be treated as void appointment conferring no benefit to the incumbent as was held by the Apex Court in the case of State of Bihar Vs. Upendra Narayan Singh and others reported in (2009) 5 SCC 65. That being so, this application is wholly misconceived and is accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/