IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9688 of 2006 BANKE DAS son of Late Ramdhani Das, resident of Village & P. O. Pawa, P. S. Deep Nagar, District- Nalanda… Petitioner. Versus 1. THE STATE OF BIHAR through Secretary, Department of Health, Government of Bihar, Patna. 2. The Director, Health Services, Government of Bihar, Patna. 3. The Civil Surgeon, Nalanda, District- Nalanda. 4. The District Leprosy Officer, Nalanda. 5. The Medical Officer, Primary Health Centre, Noorsarai, Nalanda. …Respondents. ----------- 2. 20.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows;- “1. That this is an application praying for the issuance of a writ in the nature of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pay the arrears of salary to the petitioner which is due since February, 1999 to uptill now.” In this case, a counter affidavit has been filed a copy whereof was also served on the counsel for the petitioner way back on 8.11.2007. In the said counter it has been categorically stated that the appointment of the petitioner was found to be illegal and was accordingly cancelled by order dated 8.3.1999/26.3.1999 vide Annexure A and B to the counter affidavit. 2 In view of the fact that the service of the petitioner also stood terminated from 8.3.1999/26.3.1999, the petitioner cannot be held to be entitled for the payment of salary and as such this writ application is wholly misconceived and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)