IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.991 of 2008 Shyam Lal Yadav, son of Paltu Yadav, resident of village Mauna, P.S. Mahishi, District- Saharsa …………… Petitioner Versus 1.The State Of Bihar 2.The Secretary, Department of Education, Government of Bihar, New Secretariat, Patna 3.Director, Department of Primary Education, Govt. of Bihar, New Secretariat, Patna 4.District Superintendent of Education, Saharsa ………… Respondents ----------- 2. 06/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner claims to be an Assistant Teacher of a School which was admittedly not taken over by the State Government. Petitioner has produced some documents to show that the School was granted temporary recognition at some point of time. He has also produced some documents to show that at one point of time he was appointed in the School as an Assistant Teacher. However, there is nothing on record to show that the recognition of the School continued and was operative on the date of appointment of petitioner, nor there is anything to show that the service of the petitioner was recognized by the respondents. In the circumstances, this Court is not 2 in a position to pass any order in favour of the claim of the petitioner for payment of `living allowance’ as may be admissible to the teachers of recognized Institutions at the relevant time. Since respondents have not filed counter affidavit in this case, this Court feels it appropriate to dispose of the writ application with liberty to the petitioner to file a representation and produce materials before the concerned respondents to establish his such claim of `living allowance’. If materials are produced from which right of the petitioner for such allowance is established, respondents shall consider the same and pass appropriate orders in accordance with law on its own merits, preferably within a period of three months from the date of filing of such representation. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)