IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16393 of 2001 BABULAL PRASAD Versus THE STATE OF BIHAR & ORS ----------- 4. 24/07/2009 This writ application has been filed by the petitioner for a direction to the respondents to pay him the difference of salary of I.A. Trained scale with effect from 20.5.1966, B.A. Trained Headmaster scale from 1.4.1972 and Time Bound Promotion scale from 1.4.1982. Contention of the petitioner is that the petitioner was granted promotion in different scales with retrospective effect by a subsequent order dated 31.10.1999. However, respondents did not pay arrears on account of grant of such scale of periods prior to the issue of the said order. It is stated by learned counsel for the petitioner that the petitioner has filed representations before the Director, Primary Education, copies whereof are contained in Annexures-6 and 7. He submits that the respondent - Director, Primary Education may be directed to dispose of the representation of the petitioner considering his claim for payment of arrears of difference of salary and pass orders - 2 - on the same within a specified period. Learned counsel for the respondents does not object to this prayer. In the circumstances, this writ application is disposed of with a direction to the respondent Director, Primary Education to consider the representation of the petitioner for payment of arrears of difference of salary on account of grant of different scales from different dates as claimed by the petitioner in the writ application. For the sake of convenience of the respondent Director, Primary Education, petitioner will be at liberty to file a fresh representation enclosing therewith all the relevant documents in support of his claim within a period of one month. In case such a representation is filed by the petitioner within the said period, the Director, Primary Education shall examine and consider the same in accordance with law and shall pass reasoned orders in respect of each and every claim of the petitioner within a period of three months from the date of filing of such representation. If he finds that the petitioner is entitled for the same, he shall also pass specific order within - 3 - the same time for release of the amount to the petitioner. In case, he does not find merit in the claim of the petitioner, he shall pass specific order giving specific grounds with reference to the specific law for rejection of the same within the said period itself. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which shall be considered and decided by the respondent Director, Primary Education strictly in accordance with law and on its merits. Pradeep/ (J. N. Singh, J.)