IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14676 of 2001 1.Jamuna Sharma S/o Late Ram Charan Singh, resident of village-Jagmalbigha, Post- Katauna, via Khusrupur, District- Patna 2.Surma Sinha, S/o Late Ram Nandan Singh, resident of village Mogalpura, Post- Salimpur, P.S. Bakhtiarpur, District- Patna …….. Petitioners Versus 1.The State Of Bihar through Secretary, Department of Education, New Secretariat, Patna 2.Director, Primary Education, New Secretariat, Patna 3.Regional Joint Director, Primary Education, Patna Division, Patna 4.District Superintendent Primary Education, Patna. ….Respondents ----------- 4. 03/07/2009 Learned counsel for the petitioners submits that one writ application, namely, C.W.J.C.No.14946 of 2001 was filed by two persons with identical grievances. The said writ application was disposed of by order dated 16.1.2001 by which writ petitioners were directed to file representation before the Director, Primary Education and the Director, Primary Education was directed to dispose of the representation of the said petitioners without any undue delay and preferably within two months of its filing. It was also observed that in case said petitioners were held entitled to the claim, payment of all monetary - 2 - dues shall be made to them without any further delay and the retiral dues shall also be fixed accordingly. It was also observed that in case, however, the Director turns down the petitioners’ representation, he will pass speaking order briefly assigning reasons for the same. Learned counsel for the petitioner submits that the cases of these two petitioners are identical to the petitioners of the said writ application. He further submits that after considering the case of the said petitioners, the Director found their case as genuine and passed orders vide memo no.294 dated 23.2.2002. He submits that since in identical case, Director, Primary Education has accepted the claim of the writ petitioners as correct and has passed orders for release of monetary benefits to them, same order may be passed in this case also. Since no counter affidavit has been filed in this case, this Court is not in a position to allow the claim of the petitioner straightway at this stage. Therefore, this writ application is - 3 - disposed of with liberty to the petitioner to file representation before the Director, Primary Education enclosing therewith copies of the orders passed in the earlier case as well as said order of the Director, Primary Education with details of the facts of cases of both sets of petitioners to satisfy the Director, Primary Education that the cases of these two petitioners are identical to the said two writ petitioners. If such a representation is filed within one month from today, the Director, Primary Education shall examine the respective claims and if he finds that the cases of these two petitioners are identical to the said two writ petitioners of said C.W.J.C.No.14946 of 2001 and in whose respect said order dated 23.2.2002 is said to have been passed by the then Director, Primary Education, he shall issue similar orders in respect of these petitioners also. In case, he finds the cases as distinguishable, he will pass reasoned order assigning the points on which he finds the cases distinguishable and send a copy of the order to the petitioners. The entire exercise shall be completed by the Director, - 4 - Primary Education within a period of two months from the date of filing of the representation. With the above observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)