IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3769 of 2002 SMT.KUMARI RAMA SINHA, W/O SHRI YOGENDRA PANDEY, D/O SRI JANKI SINGH, R/O VILLAGE- MUSEPUR, P.O.-GOPALPUR, DISTRICT-SIWAN AT PRESENT POSTED AS ASSISTANT TEACHER, GOVT. MIDDLE SCHOOL RAMPUR DIGHARI, P.O. AND P.S.- BHAGWANPUR HAT, DISTRICT-SIWAN. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 5. THE COMMISSIONER, SARAN DIVISION, CHAPRA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN AT, P.O. AND P.S.-SIWAN, DISTRICT- SIWAN. 7. THE AREA EDUCATION OFICER, AT, P.O. AND P.S.-MAHARAJGANJ, DISTRICT-SIWAN. 8. THE HEADMASTER, GOVERNMENT MIDDLE SCHOOL, RAMPUR DIGHARI, P.O. AND P.S.-BHAGWANPUR HAT, DISTRICT-SIWAN. ………………RESPONDENTS. ----------- 6 05.05.2010 Petitioner has filed this writ application challenging Annexure-6. From the documents annexed with the writ application, it appears that the petitioner had earlier filed a representation for grant of senior scale of pay with effect from 1.1.1986 or at least from 1.4.1989 pursuant to the Government resolution no. 6022 dated 18.12.1989. Annexure-2 shows that his application was forwarded by the Area Education Officer on 9.10.1998 to the District Superintendent of Education. Thereafter the District Superintendent of Education forwarded 2 the certified service book to the Area Education Officer by letter dated 20.8.1999 for necessary action. It was mentioned there that the petitioner will be granted the benefits of promotion as per certified by the Commissioner, Saran Division. After that petitioner received a letter from the Area Education Officer, as contained in Annexure-6, requesting her to produce certain papers for consideration of her claim. This letter was innocuous. Even if the stand of the petitioner is accepted that all the documents were already available to the Area Education Officer, the petitioner should have replied to the letter of the Area Education Officer dated 30.8.1999, annexed as Annexure -6, pointing out the same. However, instead of doing that she has moved this Court challenging the said letter. This Court does not appreciate the approach of the petitioner in this matter. However, counter affidavit has been filed in the case and an order of District Superintendent of Education passed on 26.2.2010 has been annexed as Annexure-A by which the petitioner has been held entitled for senior scale with effect from 26.4.2002 in terms of 1993 Rules. Apparently before passing this order 3 the petitioner was not heard and her claim in this respect for grant of senior scale from earlier date was not considered. Therefore, this Court gives liberty to the petitioner to file a detailed representation before the Director, Primary Education staking her claim for grant of senior scale from any earlier date. The representation will be considered as against the said order passed by the District Superintendent of Education on 26.2.2010. The Director, Primary Education shall consider the representation of the petitioner and if she requests shall also grant her or her representative a personal hearing and shall decide the matter preferably within a period of three months from the date of receipt/production of a copy of this order. In case the Director does not find any merit in the claim of the petitioner he shall pass reasoned order and get it communicated to the petitioner at her last known residential address. In case the claim of the petitioner is accepted she shall be granted all consequential benefits pursuant to the same. Arvind/ (J. N. Singh, J.)