IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10944 of 2003 AGNI DEO YADAV, son of Sri Satya Narayan Yadav, resident of village- Brahampur, P O.- Brahampur, P S. Phulparas, District- Madhubani. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Health Services, Government of Bihar, Patna. 3. The Civil Surgeon-cum- Chief Medical Officer, Madhubani. 4. The Incharge Medical Officer, Primary Health Centre, Rahika, P S. Rahika, District- Madhubani. .. Respondents. ------------- 3. 29.7.2010 Heard learned counsel for the parties. Counsel for the State at the outset on the basis of instruction received by him that the services of the petitioner has been terminated on the ground of his appointment being itself forged and fabricated and therefore the petitioner would be entitled for payment of salary. The prayer of the petitioner in this writ petition reads as follows; “(a) A mandamus commanding the respondent authorities to make payment of current salary as also arrear salary to the petitioner for the periods from, 12.11.1999 to February, 2000 from May 2000 to February 2001 and from May 2001 till date for the post of vaccinator on which the petitioner is continuously discharging his duties under the control and jurisdiction of respondent Incharge Medical Officer, Primary Health Centre, Rahika in the district 2 of Madhubani.” Grant of such relief would now solely depend on the result of the another writ petition wherein the petitioner has assailed the order cancelling his appointment on the ground that it was based on forgery. Once this court has been informed that the appointment of the petitioner was based on forged document, it cannot direct for payment of salary for the present till such order against the petitioner remains in existence. In that view of the matter, this writ petition has become infructuous and is dismissed accordingly with a liberty to the petitioner to raise this question of payment of salary as well in that very writ petition where if the order of termination would be quashed an order may also be passed for payment of his salary. kanchan/ (Mihir Kumar Jha, J.)