IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.544 of 2002 UDIT NARAYAN KANTH, S/O LATE LEELA NATH KANTH, R/O VILLAGE AND P.O.-BIRAULI, VIA-BENIPATTI, P.S.-BENI PATTI, DISTRICT-MADHUBANI. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ASSISTANT DIRECTOR, WELFARE DEPARTMET, BIHAR, PATNA. 4. THE DEPUTY DIRECTOR, WELFARE DEPARTMET, BIHAR, PATNA. 5. THE DEPUTY DIRECTOR WELFARE, NORTH CHHOTANAGPUR DIVISION, HAJARIBAGH, DISTRICT- HAZARIBAGH. 6. THE HEADMASTER, THE GOVT. SCHEDULE-CASTE GIRL RESIDENTIAL SCHOOL, BATHNAHA, DISTRICT- MADHUBANI. 7. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ……………………RESPONDENTS. ----------- 3 31.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. From Annexure-4, an order dated 17.2.1999 passed in C.W.J.C. No. 10439 of 1997, it appears that the authorities were directed to consider the representation of the petitioner and pass appropriate orders in accordance with law with regard to grant of Graduate Trained Scale to the petitioner with effect from 19.4.1982 from the date his juniors were granted the same. It is submitted that while the matter was pending before the Director, Welfare, the petitioner superannuated and informed the department and all concerned that any correspondence in this respect may be sent to his - 2 - residential address. However, it is submitted that he has not received any communication and some communication was made by the office of the Director, Welfare with the Headmaster of the school asking him to produce documents, service book etc. of the petitioner to the Director Welfare. From the two letters of the In-charge Headmaster of the school concerned dated 15.9.1999, annexed as Annexure-7, it appears that the Headmaster acknowledged the delay in sending the service-book of the petitioner to the Director, Welfare. It also appears that while the service book etc. of the petitioner was sent by the Headmaster by letter dated 15.9.1999, the impugned order as contained in Annexure-5 was passed by the Director, Welfare on 14.9.1999 i.e. one day before. It has been acknowledged in the last paragraph of the order that the order was being passed in view of the time limit fixed by this Court in the earlier order although the required certificates etc. had not been received by the Director, Welfare to consider the claim of the petitioner. In such circumstances, it would be appropriate that one more opportunity is granted - 3 - to the petitioner to satisfy the Director, Welfare with regard to the genuineness of his claim by personally appearing before him and producing all relevant documents on which he intends to rely to establish his claim. In the circumstances, the impugned order (Annexure-5) is quashed and the matter is remitted back to the Director, Welfare for re- consideration. The petitioner shall personally appear before the Director, Welfare with all documents and papers on which he proposes to rely for establishing his claim within one month from today. If the petitioner appears before the Director, Welfare within that period, the Director, Welfare shall fix up one specific date for examination of the case of the petitioner in his presence and he will intimate the same to the petitioner personally then and there. On the next date fixed, in the presence of the petitioner, the case of the petitioner shall be scrutinized in respect of his claim for grant of Graduate Trained Scale with effect from 19.4.1982 the date from which allegedly the juniors to the petitioner were granted that scale. After scrutinizing and examining the documents produced by the petitioner - 4 - and other relevant records of the department if necessary, the Director, Welfare shall pass a reasoned order in accordance with law with regard to the claims of the petitioner and shall communicate the same to the petitioner within 15 days from the date of hearing. This writ application is accordingly disposed of with aforesaid observations and directions. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be decided by the Director, Welfare strictly in accordance with law. Arvind/ (J. N. Singh, J.)