IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2538 of 2010 NIRMAL JHA S/O LATE SHASHIDHAR JHA, R/0 VILLAGE-KAHARA, P.S. PATARGHAT DISTRICT-SAHARSA, AT PRESENT WORKING AS IN-CHARGE HEADMASTER MIDDLE SCHOOL KAPSIYA, BLOCK PATARGHAT, DISTRICT-SAHARSA.............. PETITIONER. Versus 1. THE STATE OF BIHAR 2. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA DISTRICT-SAHARSA 4. DISTRICT MAGISTRATE SAHARSA, DISTRICT-SAHARSA 5. DISTRICT SUPERINTENDENT OF EDUCATION, SAHARSA, DISTRICT-SAHARSA .............. RESPONDENTS. FOR THE PETITIONER :- M/S SHARDA NAND MISHRA DEEPAK KUMAR ALOK KUMAR GORAB KUMAR FOR THE STATE :- MISS PALLAVI THAKUR AC TO G.A-7 ----------- 02 07.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. Claim of the petitioner is that he too ought to be given the benefit of senior scale since juniors have been granted that benefit in terms of the decision taken by the committee which has been brought on record as Annexure-4. Since for no apparent reason petitioner’s case has been denied he has filed his representation before the District Superintendent of Education, Saharsa (respondent No. 5) raising his grievance by furnishing his service history. Since no decision was taken on his application dated 29.11.2009, this writ has been filed. Looking at the nature of the relief prayed for by the petitioner, the Court is of the opinion that the decision at the level of District Superintendent of Education is required to be taken because the writ has been filed due to his inaction. Let the District Superintendent of Education, 2 Saharsa(respondent no. 5) deal with the claim of the petitioner within a period of three months from the date of production or communication of a copy of this order and communicate the outcome of such an exercise to the petitioner within the time frame stated above. This writ application is disposed of with the above direction. Shahzad ( Ajay Kumar Tripathi, J.)