1. Heard counsel for the parties.

2. By this application, the petitioner has prayed for direction upon the respondents to make payment of arrears with effect from 2.1.1999 till date.

3. It is submitted by learned counsel that the petitioner by virtue of order as contained in Annexure 1 issued vide memo no. 255 dated 26.6.1995 was appointed on the vacant sanctioned post of Orderly Peon in Nawab High School, Sheohar in the pay scale of Rs. 775-1025 by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. The petitioner thereafter was adjusted against the vacant sanctioned post of Orderly Peon in High School, Athari in the district of Sitamarhi where he continued in the services and was being paid his salary regularly. However, all of a sudden, his salary has been stopped with effect from 2.1.1999 till date. It is further submitted by learned counsel that the Regional Deputy Director of Education, Tirhut Division was the competent authority to appoint the petitioner and thus the petitioner was entitled to the salary althrough the period he actually worked.

4. A counter affidavit has been filed on behalf of the respondents stating therein that the petitioner