post of Mechanical Helper and, thereafter, his services were extended from time to time. It is submitted by the respondents in the counter affidavit that the Superintending Engineer (Mechanical), Mechanical Circle, Road Construction Department, Bihar, Patna, vide letter dated 30.07.1998, had directed that the salary of such appointees as the petitioner should be stopped. It is further contended on behalf of the State that since the appointment of the petitioner had been made without following the procedure such as without issuing any advertisement following the roster clearance etc and since the temporary appointment of the petitioner was not against a sanctioned post, the Chief Engineer (Mechanical), Mechanical Wing, Road Construction Department, Bihar, Patna vide letter dated 24.09.1998 (Annexure B) had cancelled all such appointments including the petitioner’s appointment. The petitioner has filed no rejoinder to the counter affidavit. The said stand has not been disputed or controverted. However, from the pleadings, it emerges that the appointment of the petitioner was cancelled only in September, 1998. Counsel for the petitioner submits that in any case, the petitioner would be entitled to payment of salary for the period till cancellation of his appointment under letter dated 24.09.1998.
