IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16378 of 2011 Nagendra Prasad Thakur S/o Late Ram Khelawan Singh, R/o Mohalla Paijawapur, P.S. Barh, Dist. Patna----Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Finance Department Govt. Of Bihar, Patna 3. The Joint Secretary, Finance Department Govt. of Bihar, Patna. 4. The Director in Chief, Health Services Bihar, Patna. 5. The Civil Surgeon cum Chief Medical Officer, Patna. 6. The Deputy Superintendent, Sub Divisional Hospital Barh, Patna. 7. The Accountant General, Bihar, Patna-----Respondents ---------------------------------- 2 15.11.2011 Heard learned counsel for the parties. Annexure-9 is the application of the petitioner filed before the Civil Surgeon-cum-Chief Medical Officer, Patna for grant of benefit of pay scale of matric trained dresser. This application contained in annexure-9 was filed way back on 15.6.2007 followed by yet another application dated 21.6.2010. But failure on the part of Civil Surgeon to take a decision compelled the petitioner to approach the High Court. The Court fails to understand as to why the authority will not decide an issue if it is raised by the citizen for assertion of his right. Petitioner has brought on record the notification issued by the State wherein two kinds of pay scales have been indicated with regard to basic health worker one without matriculation as his qualification and a different pay scale of having matriculation. Petitioner claims to have matriculation certificate contained in annexure-3. But despite the same proper scale is not being paid to him for many a years. Petitioner has also brought to my notice an earlier direction of this Court. It is in the case of Chhotan Singh vs. The State of Bihar 2 which was CWJC No. 7583 of 2000 decided on 16.11.2006 where according to petitioner relief of similar kind had been granted. Taking the above facts into consideration this writ petition is disposed of with a direction upon the Civil Surgeon-cum-Chief Medical Officer, Patna i.e. respondent no. 5 that he will take a final decision on the claim of the petitioner within a period of three weeks from the date of production/communication of a copy of this order. This writ petition is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)