IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11900 of 2006 1. SHIO SHANKAR JHA S/o Late Kedar Nath Jha, Assistant Teacher, Middle School, Chakumar, P.O. Adalpur, Anchal Mahua, District-Vaishali, 2. Kumari Subhadra W/o Kameshwar Prasad Singh, Primary School, Assistant Teacher, Khemkaranpur, P.O.-Bijhrouli, Anchal, Jandaha, District-Vaishali, 3. Shila Kumari W/o Raj Narain Jha, Assistant Teacher, Middle School, Sighara, P.O.-Sighara, Anchal, Mahua, District-Vaishali, 4. Dharam Deo Singh S/o Late Ram Charitar Singh, Assistant Teacher, Primary School, Bhadwas (Girl’s) Anchal Mahua, District-Vaishali, 5. Ram Pravesh Singh S/o Late Rameshwar Singh, Teacher, Primary School Chhatwara, P.O. Madhupur, Nijhama, District-Vaishali, 6. Kameshwar Prasad Singh S/o Late Shital Singh, Assistant Teacher, Primary School, Khesarhia, P.O. Sighawa, Anchal Mahua, District-Vaishali, 7. Shivaji Prasad Singh S/o Late Ambika Singh, Assistant Teacher, Middle School, Taroura, P.O. Bhagwatpur Tarouna, Anchal Mahua, District- Vaishali…. ……Petitioners Versus 1. THE STATE OF BIHAR, through Commissioner- cum-Secretary, Education Department, Govt. of Bihar, Patna, 2. Deputy Development Commissioner-cum- Chairman, District Education Establishment Committee, Vaishali at Hajipur, 3. District Superintendent of Education, Vaishali at Hajipur…. ….Respondents For the Petitioner : Mr. Bhola Bhai Desai, Advocate For the State : Mr. J.S. Arora, Advocate, SC-VI ……………. 2 14.03.2011 Heard learned counsel for the petitioners and the State. 2 Petitioners seek direction to the respondents to grant Intermediate and Graduate Trained pay scale with effect from the date when their juniors have been granted such benefit. It is submitted on behalf of the petitioners that their claims are admissible under the law as Intermediate and Graduate Trained pay scales have already been granted to the juniors of the petitioners but for the reasons best known to the authorities, they have not extended the benefit to the petitioners. Learned counsel has placed reliance upon decisions of this Court as contained in Annexures 7 and 9. However, this Court finds that though this writ application is based on order passed by this Court in CWJC No.7823 of 2003 disposed of on 03.09.2003 contained in Annexure-7 and subsequent order as contained in CWJC No.8553 of 2004 disposed of on 24.08.2005 and the petitioners have rushed to this Court without approaching the respondents first. Therefore, in the facts and circumstances of the case and also since learned counsel for the State has no objection, this writ application is also being disposed of in the terms as contained in Annexures 7 and 9. Liberty is 3 granted to the petitioners to file representation before the District Superintendent of Education, Vaishali at Hajipur i.e., Respondent No.3, who shall dispose of the representation filed by the petitioners by speaking order in accordance with law within a period of three months from the date of receipt/production of the order. If the claim of the petitioners is found justified, it is expected that necessary orders and direction for payment of Intermediate and Graduate Trained pay scale would be given to them immediately. Accordingly, this writ application is disposed of with the observations and directions as indicated above. It is made clear that no other point has been raised on behalf of the petitioners at the time of hearing of this writ application. However, this order would not come into the way of the petitioners if they want to file separate representation for grant of any other relief. Sanjay-II (Dr. Ravi Ranjan, J.)