IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.4680 OF 2009. BIBI SALEHA KHATOON, WIFE OF MD. GAYASUDDIN, RESIDENT OF MOHAMMADPUR, P.O. GOPALPUR, P.S. K. NAGAR, DISTRICT PURNIA. …….PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH SPECIAL SECRETARY-CUM-DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA. 2. THE JOIN SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE COMMISSIONER, PURNIA DIVISION, PURNIA. 4. THE COLLECTOR, PURNIA. 5. THE DISTRICT EDUCATION OFFICER, PURNIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNIA. 7. BLOCK EDUCATION EXTENSION OFFICER, AMOUR, BAISI, PURNIA. 8. HEAD MASTER, PRIMARY SCHOOL HARIJAN MAJARA, K. NAGAR, PURNIA. 9. PANCHAYAT SECRETARY, PANCHAYAT RAJ MAJARA, DISTRICT PURNIA. ………………………RESPONDENTS. ----------- 06/ 01.12.2011 Heard counsel for the parties. When this writ application was filed on 10.04.2009, the petitioner was well aware that her service has stood terminated, inasmuch as, by that time she had already moved before the District Teachers Appellate Authority assailing her order of termination. The said complaint filed by the petitioner and six others have also been answered in negative by dismissing the complaint with a reasoned order dated 05.08.2009. 2 In that view of the matter, the prayer made in this writ application as with regard to payment of salary for the period after 30.10.2007 cannot be allowed, inasmuch as, the services of the petitioner stood terminated. Counsel for the petitioner is, however, correct that as there was no fraud or misrepresentation played by the petitioner in obtaining her appointment and that her appointment was made only in excess of the sanctioned strength of Urdu teacher which was sought to be corrected by terminating the services of the petitioner, petitioner would be entitled for payment of salary for the period she had admittedly discharged her duty till 30.10.2007. In that view of the matter, this Court would direct the competent Authority to ensure that the payment of salary of the petitioner for the admitted period of work done by her must be paid, if not, already paid to her, within a period of three months from the date of receipt/production of a copy of this 3 order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)