IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5434 of 2007 Kedar Singh, son of late Janki Singh, resident of Village Matihan, P.O. Dighwara, P.S. Dariyapur, Dist. Saran. -------- Petitioner Versus 1. The State of Bihar through the Commissioner cum Secretary, Human Resources Department, Bihar, Patna. 2. Regional Deputy Director of Education, Saran Division, Chapra. 3. District Education Officer, Saran, Chapra. 4. Sub Inspector of School Chapra, Town, Chapra. --------- Respondents ----------- 2 26.08.2011 Heard learned counsel for the parties. In view of the fact that the petitioner is an employee of an aided institution and claims to have been working since 2.1.1976 without payment of any salary to him for last 35 years, this Court would find it difficult to entertain such a belated writ application, specially when there is nothing on record to show that his such appointment made by the Managing Committee was ever approved by the authority of the State Government for the purpose of payment of salary. It is true that in the aided primary school, there are certain sanctioned post against which the Government releases payment of salary but, it is very difficult to believe that a person would continue to work for 35 years even when he had not received payment of his salary even for a day. In any 2 event, the relationship of the petitioner with the Government could only be enforced if there was any order passed by the Government recognizing his claim for payment of salary but, if the petitioner was appointed by the Managing Committee of a private school, the liability for payment of such amount of salary can be only against such Managing Committee, which being not a state within the meaning of Article 12 of the Constitution of India, cannot be directed by this court in exercise of power under Article 226 of the Constitution of India. In that view of the matter, while this Court would refrain from issuing any direction to the Managing Committee for the relief sought for in this writ application, the petitioner may still avail the general law remedy of filing a civil such for claiming payment of salary from the Managing Committee of the school. . With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)