IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3407 of 2006 GINISH LAL YADAV S/o- Yugeshwar Yadav, resident of village Selara, P.S. Khajauli District Madhubani. Versus 1. THE STATE OF BIHAR 2. District Superintendent of Education, Madhubani. 3. District Provident Fund Officer, Madhubani. ----------- 2 21.04.2010 Mr. Pratap Sharma, learned counsel for the petitioner and Mr. Bhaskar Shankar, learned A.C. to S.C.12 for the State are present. The writ petition was filed by the petitioner for payment of officiating pay for the period the petitioner held the post of Headmaster as also for payment of the G.P.F. amount. Learned counsel for the petitioner admits to the payment of the G.P.F. amount but submits that the petitioner who officiated as Headmaster of the Government Middle School Khazedih, Ladania with effect from 28.3.1998 up to 31.7.2005 was entitled to officiating pay in terms of the provisions of the Bihar Service Code. Although the matter has remained pending but there is no counter affidavit as regarding the issue raised by the writ petitioner and in this situation, the writ petition is disposed - 2 - of with a liberty to the petitioner to raise his grievance before the respondent No.2, the District Superintendent of Education, Madhubani together with relevant circulars on the issue and the statutory provisions and who shall consider the claim of the petitioner and dispose of the same in accordance with law by speaking order within a period of three months from the date of filing of such representation. Needless to add that if the claim of the petitioner is fund admissible, the same should be paid to him within the period aforesaid. Bibhash (Jyoti Saran, J.)