IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.627 of 2009 SIDHNATH KUMAR, son of Sri Devsaran Paswan, resident of village- Tuturkhi, P.S. Konch, District- Gaya …Writ petitioner/Appellant Versus 1. The State Of Bihar. 2. Director, Primary Education, Department of Human Resources, Govt. of Bihar, Vikash Bhawan, Patna. 3. District Magistrate, Gaya. 4. Divisional Commissioner, Magadh Division, Gaya. 5. District Superintendent of Education, Gaya. 6. Block Development Officer, Konch, Gaya. 7. Block Education Extension Officer, Konch, Gaya. 8. Mukhiya, Ashlempur Gram Panchayat, P.S.- Konch, Gaya. & 9. The Panchayat Secretary, Ashlempur Gram Panchayat, P.S. Konch, Gaya. …Respondents/ Respondents ----------- For the appellant : Mr. A. K. Chaudhary, Advocate. For the Respondent nos. 1 to 7: Mr.Rajesh Kumar Sinha, A.C. to G.P. 20 ----------- 3/ 13.07.2009 Heard learned counsel for the appellant and learned counsel for the State. We are in full agreement with the views of the writ court that salary can be claimed against the State of Bihar only for the initial contract period of eleven months and not for any period thereafter because the contract of service was, admittedly, not renewed after eleven months. It has been submitted on behalf of the appellant that some persons like the Mukhiya or the Head Master permitted the appellant to take class as a teacher even after eleven months and, therefore, he has legitimate expectation of salary for that period also. In order to claim salary for working on any post, the appointment must be in the manner contemplated by law and by the competent authority. Irresponsible action of Head master or Mukhiya can not fasten the - 2 - State with the liability to pay salary when contract of service was not renewed beyond eleven months. In that view of the matter, no interference is required with the order of the writ court. The appeal is, therefore, dismissed having no merit in it. It goes without saying that if the appellant is aggrieved by the action of some private persons, he may pursue his remedy against them in accordance with law. If the payments have remained due to the petitioner for his working during eleven months tenure of his valid appointment, such dues must be paid to him without any delay and in any case within three months from the date of receipt/communication of a copy of this order. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)