IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1502 of 2009 BINAY KUMAR S/o of Shri Nand Kishore Singh, resident of village and P.O. Bikrampur, Police Station- Cheriyabariarpur, District- Begusarai, at present resident of Gopal Stores, Subhash Chouk, Pollice Station- Town Begusarai, District- Begusarai, at present posted and working as an Assistant Teacher in Govt. Middle School Paspura, Anchal and District- Begusarai. ------Petitioner/Appellant. versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3.The principal Secretary, Finance Department , Government of Bihar, Patna. 4.The Cabinet Secretary, Government of Bihar, Patna. 5. The Deputy Secretary, Finance Department, Government of Bihar, Patna. 6. The Deputy Secretary Finance ( Pay Fixation) Department, Government of Bihar, Patna. 7.The Additional Secretary, Personnel Grievance Cell, Finance Department, Government of Bihar,Patna. 8. The Director, Primary Education, Bihar, Patna. 9. The Regional Deputy Director of Education, Munger Division, Munger. 10. The District Magistrate, Begusarai. 11. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Begusarai. 12. The District Superintendent of Education, Begusarai. 13. The District Treasury Officer, Begusarai 14. The District Accounts Officer, Begusarai. 15. The Headmistress cum Drawing Disbursing Officer of the Petitioner’ school, Anchal and District- Begusarai. -----------Respondents 3 18.01.2011 Having heard counsel for the parties we are of the view that the order of the learned Single Judge giving the appellant writ petitioner liberty to approach Fitment Committee for fixation of his pay does not suffer from any error. Mr. Mishra then submitted that the representation of the petitioner as with regard to removal of anomaly and pay fixation filed by 2 him on 10.7.09 ( Annexure 9 to the writ petition) is still pending consideration before the District Superintendent of Education Begusarai. As there is no counter affidavit filed at the stage of writ petition, we give liberty to the writ petitioner to pursue the aforementioned representation before the competent Authority. With the aforementioned observation this appeal is disposed of. Namita ( T.Meena Kumari,J.) ( Mihir Kumar Jha, J. )