IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8692 of 2003 PRADIP KUMAR BHATT, Son of late Balram Bhatt, LIPIC in Project Girls High School, Mohanpur, P.S. Mohanpur, District Gaya. Versus 1. THE STATE OF BIHAR 2. The Director, Secondary Education Department, Government of Bihar, Patna. 3. The Regional Deputy Director of Education, Magadh Division Gaya. 4. The District Education Officer, Gaya. ----------- 4 3.9.2010 Having heard counsel for the parties as with regard to the following relief, “That this is an application for issuance of writ (s)/ direction (s) to the respondents to pay arrear of salary to the petitioner for the month of January and February, 2001 and further with effect from May, 2001 to till date with bank interest rate and further current salary on month to month basis. And/or for any other appropriate relief (s) to the petitioner for which he may be found entitled in the eye of law.” this Court is of the view that when services of the petitioner were itself not recognized in the Project School in question by order dated 17.12.2003, claim for payment of salary to the petitioner would squarely depend on the out come of the decision in the writ application filed by the petitioner, i.e. C.W.J.C. No. 2021 of 2004, challenging correctness of the aforementioned order dated 17.12.2003. That being so, this application has become infructuous and is dismissed accordingly with a liberty to the petitioner to also claim for salary in the event the order dated 17.12.2003 is quashed by this Court. Abhay Kumar ( Mihir Kumar Jha, J.) 2