IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.674 of 2008 Ajay Kumar Rai, S/o Late Dhruv Prasad Rai, resident of Village- Siswa Bhumihar, P.O.-Shivraipur, P.S. -Yogapatti, (Nawalpur), District- West Champaran. ………….Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Department of Education, Bihar, New Secretariat, Patna. 3. Director, Department of Primary Education, Bihar, New Secretariat, Patna. 4. District Superintendent of Education, West Champaran,Bettiah. 5. The Sub-Divisional Education Officer,West Champaran,Bettiah. For the petitioner :- Mr. Prakash Srivastava, Advocate. Mr. Santosh Bharti, Advocate. For the State :- Mr. Nirmal Kumar, G.P. IV. ----------- 3. 01. 09. 2010. Heard learned counsel for the petitioner and learned counsel for the Respondents-State. From Annexure-2 it appears that school was granted temporary recognition with effect from 08. 03. 1972 with four teachers and one non-teaching staff named in the document. The petitioner claims that he was appointed as teaching staff in the school on 18. 12. 1972 i.e. after the said letter of recognition. It is stated that school received allotments for payment of living allowance till 01. 04. 1983. Thereafter the same has been stopped. It is submitted that a list of teaching and non-teaching staff was submitted to the Director by the Secretary of the School as late as 06. 04. 1994, vide Annexure-4 in the supplementary affidavit. Still Director, Primary Education has not examined the records connected with the school for release of fund for payment of living allowances to the teachers and non-teaching staff of the school. 2 Learned counsel for the respondents submits that there is nothing on record to show that after his appointment service of the petitioner was also recognised by the respondents. He submits that in absence of such recognition petitioner is not entitling for living allowances. However, no counter affidavit has been filed in the case in support of the said submission by the learned counsel for the respondents. Learned counsel for the petitioner in reply submits that Respondent-Director may be directed to examine the matter and ascertain the legal position in reference to the records pertaining to the school and pass appropriate order. In the circumstance, without going into the merit of the claim of the petitioner, petitioner is giving liberty to file a representation before the Director, Primary Education to ventilate his grievances. If such representation is filed within one month from today, Respondent-Director shall consider the same in reference to materials and documents available in the records of his office pertaining to this school in question and pass appropriate orders in accordance with law on the representation of the petitioner preferably within a period of three months from the date of receipt/production of copy of this order. The writ application stands disposed of with above observations/directions. m.p. ( J. N. Singh, J.)