IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16449 of 2007 1. PARAMHANS PRASAD, S/O LATE RAJARAM PRASAD, R/O VILLAGE-NADAUWA, P.O.+P.S.-BANIYAPUR, DISTRICT SARAN AT CHAPRA. 2. ABDUL HAMID, S/O ABDUL AZIZ, R/O VILLAGE- PITHAURI, P.O.+P.S.-PAGAMBARPUR, DISTRICT SARAN AT CHAPRA. 3. AWDESH PATHAK, S/O LATE PANDIT RAM KUMAR PATHAK, R/O VILLAGE-BHUSAW, P.O.-PHCHARI, P.S.- BANIYAPUR, DISTRICT-SARAN AT CHAPRA. 4. SHARDA KUMARI, W/O SHRI KALIKA PRASAD SINGH, R/O PITHAURI TAW KAL TOLA, P.O.-KANHAULI MANOHAR, P.S.-BANIYAPUR, DISTRICT SARAN AT CHAPRA. 5. RAJWALI PRASAD, S/O LATE YAMUNA SINGH, R/O VILLAGE-DEV BAHUARA, P.O.-DEV BAHUARA, P.S.- NAGRA, DISTRICT-SARAN AT CHAPRA. 6. SHYAM SUNDAR PANDEY, S/O LATE RAM PRABODH PANDEY, R/O VILLAGE-RAGDISHPUR TOLE PURNDIH, P.O.-DEV BAHUARA, P.S.-NAGRA, MADHAURA, DISTRICT SARAN AT CHAPRA. 7. YOGENDRA SINGH, S/O LATE HARIHAR SINGH, R/O VILLAGE-PITHAURI TAWKIL TOLA, P.O.-PAGAMBERPUR, P.S.-BANIYAPUR, DISTRICT-SARAN. ……………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA. ……………RESPONDENTS. ----------- 3 28.10.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for a direction to the authorities concerned for fixing of pay scale and payment of their dues in terms of letter no. 6030 dated 24.8.2000 issued by the Finance Department. Learned counsel for the petitioners submits that they have already filed representation before the District Superintendent of Education, Saran, a copy whereof is annexed as Annexure-2 to the writ application. - 2 - This writ application was filed in December, 2007. However, in spite of passage of more than one and a half years, nothing has come on the records of this case, by way of counter affidavit or otherwise, to show that the claims of the petitioners have been considered and/or denied by the competent authority or have been even considered. Learned counsel for the respondents is also not in a position to contend that the claims of the petitioners are in active consideration or have been considered and disposed of by the competent authority by now, in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. Petitioners must file a fresh copy of representation (annexed as Annexure -2 with the writ application) or a fresh representation before concerned respondent, within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with his service history and other - 3 - documents/circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent - 4 - to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. - 5 - It goes without saying that this Court has not gone into the claim of the petitioners on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. Arvind/ (J. N. Singh, J.)