Letters Patent Appeal No.870 OF 2007 Against the judgment and order dated 07.09.2007 passed by learned Single Judge in C.W.J.C. No. 8892 of 2000. Ramji Prasad Singh, S/o – Late Manoj Singh, resident of village – Pahsara, Babhangama, District – Begusarai. ------------------Appellant/Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Secondary, Primary and Adult Education, Bihar, Patna. 2. The Director Primary Education Bihar Vikash Bhawan, Patna. 3. The District Superintendent of Education, Begusarai. -------------Respondents ****** For the Appellant : Dr. M.P. Sukla, Adv. For the State : Mr. Shashidhar Jha, AC to GA-I ****** P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ****** T. Meena Kumari & Akhilesh Chandra, J. J. Heard learned counsel for the parties. The present Letters Patent Appeal has been filed against judgment and order dated 07.09.2007 passed by learned Single Judge in C.W.J.C. No. 8892/2000. The appellant has sought a direction to the respondent authorities to release him the salary for the period 01.11.1995 to 31.10.1996, and further extension of service for a period of two years along with consequential benefits. But, however, the learned Single Judge having heard both the sides 2 refused to give any relief. It has been contended before us that the appellant has been given the National Award and also State Award and as per policy of the government he was entitled to the benefit of extension of service for one year under the policy of the State Award and also for three years under the policy of the National Award. The appellant had continued in service as Headmaster till 06.07.1996 but the salary has not been paid to him. He has filed C.W.J.C. No. 6164/1996 which was disposed of on 27.06.1997 (Annexure – 1) with a direction which reads as such: “Accordingly, the respondents are directed to consider the case of the petitioner for extension of service for one year in accordance with law without taking into note the resolution dated 23.05.1996, as the extension if granted the same is to be granted from 01.11.1995. The decision is to be taken in one or other way by the respondents within a period of four months from the date of receipt/production of a copy of this order. 3 The writ petition stands disposed of, with the aforementioned observation/directions.” But, however, as per observation made in M.J.C. No. 570/1998, amounts of salary for the period 01.11.1995 to 31.10.1996 has been paid. The present application in the form of writ petition being C.W.J.C. No. 8892/2000 has been filed for the same relief, but however, the claim of the appellant has reached its finality in C.W.J.C. No. 6164/1996 by order dated 27.06.1997 which has not been challenged, it remained unchallenged by the appellant herein. We are of the opinion that the appellant cannot open the issue in the present C.W.J.C. No. 8892/2000. Hence, we concur with the findings of the learned Single Judge. Accordingly, this Letters Patent Appeal stands dismissed. Patna High Court Date : The 6th May 2011 Rajeev/N.A.F.R. (T. Meena Kumari, J.) (Akhilesh Chandra, J.)