IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7728 of 2008 MD.HAROON RASHID Versus THE STATE OF BIHAR &ORS ----------- 2. 15.05.2009 Heard learned counsel for the petitioner and the State. The petitioner claims to have been appointed as Panchayat Shikshak on 6.10.2006, but is aggrieved by denial of salary. Learned counsel for the State invites the attention of the Court to the order dated 1.11.2007 at Annexure-12 to submit that it appears that there are issues of appointment made in excess of vacancy. So long as a person is appointed and his services have not been terminated, the person is entitled to salary. The issues of posting in absence of vacancy etc. are for the Respondents to resolve. The salary can be denied only in accordance with law, either by severance of relationship of master and servant or under the Service Rules/by way of punishment etc. The writ application is disposed with liberty to the petitioner to avail alternative statutory remedy before the Appellate Authority in respect of his grievance, which is required to be decided preferably within the statutory time fixed in rule 2 of the notification creating the Authority. AKS/ (Navin Sinha, J.)