IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15199 of 2008 KRISHNA NANDAN PODDAR, son of late Banarasi Poddar, resident of village-Manjhaul, P.O. Manjhaul, Police Station Cheriya Bariarpur, District Begusarai at present posted and working as an Assistant Teacher in Govt. Parishad Middle School Manjhaul, Anchal Cheriya Bariarpur, District Begusarai… ….. Petitioner. Versus 1. THE STATE OF BIHAR, 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna, 3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna, 4. The Deputy Secretary, Finance (Pay Fixation) Department, Government of Bihar, Patna, 5. The Director, Primary Education, Bihar, Patna, 6. The District Superintendent of Education, Begusarai, 7. The District Magistrate, Begusarai, 8. The Deputy Development Commissioner-cum- Chairman, District Education Establishment Committee, Begusarai, 9. The District Treasury Officer, Begusarai, 10. The District Accounts Officer, Begusarai… ….Respondents. For the Petitioner :Mr. Umesh Kr. Mishra, Advocate. For the State: Mr: Chandra Shekhar Singh,AC to GP-16. ……………….. 5 23.02.2011 It has been pointed out by the petitioner that several adjournments have been given to the learned counsel for the State for filing counter affidavit, but no counter affidavit could be filed till date. Petitioner was appointed as an Assistant 2 Teacher on 10.04.1980 and he joined the service on 14.04.1980 in a Government Middle School Sihama, Anchal Khodawandpur, District, Begusarai. Petitioner claims that he should be considered as Intermediate Trained Teacher and, accordingly, he should be granted Intermediate Trained pay-scale since the date of his appointment as according to the petitioner, some similarly situated persons and even junior to the petitioner have been granted that scale. Learned counsel for the petitioner drew attention of this Court toward the order dated 08.05.1997 passed in CWJC No.11701 of 1995 ((Ram Naresh Prasad Singh Vs. The State of Bihar through Education Commissioner and others), which has been brought on record as Annexure-2. It has been submitted that petitioner’s case is also covered by the same and in the aforesaid order, the District Education Officer as well as the District Establishment Committee were directed to pass appropriate order in view of the observations made therein. Petitioner claims that several representations were filed on his behalf. Copies thereof have been brought on record as Annexure-3, 4 and 5. Further, that 3 recommendations were also made in his favour by the Regional Deputy Director of Education and others for his claims in view of the aforesaid order passed in CWJC No.11701 of 1995, but no final decision could be communicated till date to the petitioner. Since no counter affidavit has been filed on behalf of the State and the petitioner’s representations were not disposed of by the concerned authority till date, this writ application is being disposed of with a direction to the petitioner to file a fresh representation before, the District Superintendent of Education, Begusarai, within eight weeks. If such representation is filed within the time aforesaid, the District Superintendent of Education, Begusarai, shall consider the same on its own merit in accordance with law and take a decision with regard to the same within a further period of three months. The District Superintendent of Education, Begusarai, will also consider as to whether the case of the petitioner is covered under the earlier decision of this Court passed in CWJC No.11701 of 1995. A copy of the decision taken by the concerned authority should be communicated to the petitioner. 4 This writ application stands disposed of in terms of the observation and direction as indicated above. Sanjay-II ( Dr. Ravi Ranjan,J.)