IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16291 of 2010 1. GODAWARI DEVI W/O LATE ANIL KUMAR 'ANAL' R/O VILL. & P.O.- BARHAUNA, P.S.- CHANDI, DISTT.- NALANDA AT BIHARSHARIF Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM CHAIRMAN OF DISTRICT ESTABLISHMENT COMMITTEE NALANDA AT BIHARSHARIF 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA AT BIHARSHARIF 5. THE AREA EDUCATION OFFICER, NOORSARAI, NALANDA AT BIHARSHARIF 6. THE BLOCK EDUCATION EXTENSION OFFICER NOORSARAI-1, NALANDA 7. THE HEAD MASTER, MIDDLE SCHOOL, NEERPUR BUDHAUL BLOCK- NOORSARAI, DISTT.- NALANDA 8. THE ACCOUNTANT GENERAL (A&E)-II, BIHAR, BEERCHAND PATEL PATH, PATNA ----------- For the Petitioner :- Mr. Mithilesh Kumar For Respondent no. 8 :- Mr. Ram Kinkar Choubey. ----- 2 06/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is stated to be the widow of Late Anil Kumar Anal, who was an Assistant Teacher. He retired on 31.05.2004 and died on 4.10.2009. Petitioner has had to file the present writ application when she came to know that certain persons, who were similarly situated as her husband, has now been given benefit of senior - 2 - selection grade with effect from 1.4.1985 as would be evident from annexure-2 but the husband of the petitioner was denied this benefit during the period he was in service. She learnt about the notification dated 31.01.2007 (annexure-2) after passing away of her husband and, therefore, she is claiming parity in matters of grant of similar benefit to her husband as well. She is the legal and rightful heir in this regard. The nature of relief being such, in the opinion of this Court, this matter can be disposed of at the level of the District Superintendent of Education, Nalanda at Biharsharif after looking into the service record of the husband of the petitioner as well as making a comparison with regard to the benefits which have been granted to all those persons whose names figure in annexure-2. If the petitioner files an application along with a copy of this order, the District Superintendent of Eduation, Nalanda (respondent no. 4) would be duty bound to take a decision on the claim of the petitioner within a period of three months from the date of filing of such an application along with a copy of this order. If necessary order will not be passed by respondent no. 4 - 3 - within the time frame fixed in the matter, taking a fair account of the situation, then the Court may take the matter seriously against him. This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)