IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9393 of 2006 NAYAN TATA KUMARI, WIFE OF MRITUNJAY KUMAR, RESIDENT OF NEW BASTI MAHADEWA, P.O., P.S. AND DISTRICT SIWAN……………….PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE, SIWAN 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN……….…….RESPONDENTS ----------- 2. 20.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. In this application, petitioner has prayed for a direction to the respondents to consider her seniority in the cadre of Assistant Teacher in the elementary school under the district of Siwan on the basis of position maintained in the gradation list prepared in the year 1985 and to provide the benefits which were granted to the similarly situated persons. Learned counsel for the petitioner submits that petitioner will file a representation before respondent no.2, District Education Establishment Committee within one month from today which may be directed to be disposed of in accordance with law within a fix time frame. In spite of passage of more than three - 2 - years, no counter affidavit has been filed by the respondents in this case. Therefore, this writ application is disposed of with a liberty to the petitioner to file a representation before the respondent- District Education Establishment Committee through its Chairman, District Magistrate, Siwan within one month from today giving all the details in support of her claim. If such a representation is filed by the petitioner, the respondent–Committee shall consider the same and pass appropriate order in respect of the claim of the petitioner by a speaking order in accordance with law within three months from the date of its receipt. It is made clear that this Court has not expressed any opinion with regard to merits of the claim of the petitioner which has to be decided strictly in accordance with law. The writ application is, accordingly, disposed of. B.T (J.N. Singh, J.)