IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13562 of 2008 Kariman Prasad son of Shri Ram Prabesh Rai, resident of Village Pana Pur (Purana), P.O. Digha, P.S. Dana Pur, District Patna…….Petitioner Versus 1. The State Of Bihar through the Secretary-cum- Commissioner, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Secondary Education, Government of Bihar, Budh Marg, Patna. 3. Regional Deputy Director of Education, Patna Division, Patna. 4. District Education Officer, Patna. 5. Head Master, High School Noora, P.S. Masaurhi, District Patna. 6. Head Master, High School, Pana Pur, Dana Pur, Patna. 7. The Secretary, Law Department, Government of Bihar, Patna………………………………………………………….Respondents ------------ 2 08.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. This Court, vide order dated 17.11.2006 passed in CWJC No. 8051 of 2000, as contained in Annexure-35, did not find any illegality in the order of the Director dated 28.03.2000 terminating services of the petitioner. However, since the Director, Secondary Education had observed that District Education Officer, Patna shall submit a report with regard to working period of petitioner so that a legal opinion may be sought and orders may be issued in accordance with law for 2 payment of salary for the actual period of working of the petitioner and recovery of excess amount paid to the petitioner may be made from the concerned guilty officers and Headmaster, this Court passed an order for final decision in this matter within six months. Accordingly, by impugned Annexure- 1, Director has passed an order by which, in view of the legal opinion received from the Department, he has rejected the claim of the petitioner for salary as he has found his appointment as illegal. Any employee under the Government, if he is found to be illegally appointed, is deprived of his all rights under the law from initial appointment itself. This has been authoritatively pronounced by the Full Bench of this Court in the cases of Bijay Kumar Bharti Vs. State, reported in 1983 PLJR 667 (FB); Awadhesh Kumar Choudhary Vs. State of Bihar, reported 1987 PLJR 107 (FB) and also Rita Mishra Vs. Director, Primary Education, Bihar reported in 1987 PLJR 1090 (FB). This Court more than once has authoritatively held that appointments of illegal appointees are void ab initio 3 and incumbents have to be treated as to have never born in service. Consequently, the Court has held that they are not entitled for any benefit flowing from such illegal appointment. In the circumstances, this Court does not find any merit in this writ application. The same is dismissed. However, petitioner will be at liberty to claim any compensation or damages in accordance with law from the concerned authorities pursuant to whose illegal acts, he had to perform his duties in the school all along. BT (J. N. Singh, J.)