IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9526 of 2006 RABINDRA PRASAD YADAV, S/o Late Yadu Nandan Prasad Yadav, resident of Vill-Jajahat, P.S.-Singheshwar, Distt- Madhepura at present posted as Assistant teacher in middle School Bharrahi Bazar Anchal Madhepura East, Distt- Madhepura……………………………………………Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Director Primary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Madhepura. …………………………………………………Respondents. ---------- For the Petitioner : Mr. K. Vishokanand, Advocate For the State : Mr. S.S. Pd. Sinha, AC to GP-XVII. -------- 3. 4.3.2011. Heard learned counsel for the petitioner and the State. Petitioner has filed this writ application for the issuance of writ in the nature of mandamus directing the respondents to pay the Matric Trained scale from the date of his initial appointment as according to the petitioner, he was trained physical teacher at the time of his appointment itself. It is also submitted that a decision has been taken by this Court vide order dated 10.1.1995 in CWJC No.8481 of 1990 (Jagnandan Singh and others Versus The State of Bihar and others) and the petitioner’s case is covered by the same. It is also submitted that one Vijay Kumar Yadav has availed that benefit whereas, 2 petitioner claims that he has filed representation before the concerned authority, but no decision has been taken in this regard. However strangely, none of the aforesaid representation as claimed by the petitioner has been brought on record. However, in the interest of justice, this writ application is being disposed of with a direction to respondent No.3 that if a fresh representation is filed by the petitioner within six weeks from today, then the same should be disposed of within three months thereafter on its own merit and in accordance with law and also taking into consideration the order dated 10.01.1995 passed by this Court in the aforesaid CWJC No.8481 of 1990 if the same is applicable in the case of the petitioner as well as the claim of the petitioner that another teacher, viz, Vijay Kumar Yadav, has been granted such benefit by Annexure-3. A copy of such decision taken should be communicated to the petitioner. It is made clear that this Court has not formed any opinion with regard to merit of the case of the petitioner. Sanjay-II ( Dr. Ravi Ranjan, J.)