IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11758 of 2002 RAJENDRA PRASAD, Son of Late Ram Prasad, Resident of Village & P.O. Jhanjharpur, P.S. Jhanjharpur, District Madhubani. Versus 1.THE STATE OF BIHAR 2.The Commissioner cum Secretary, Department of Education ( Primary) Government of Bihar, Patna. 3.The Collector, Madhubani. 4.The District Superintendent of Education, Madhubani. 5.The Area Education Officer, Jhanjharpur, District Madhubani. ----------- 3 25/6/2010 No one appears for the petitioner. Grievance with regard to payment of salary to the petitioner, a teacher in a middle school, in the first instance has to be examined by the District Superintendent of Education who is concerned Cadre head. From reading of the writ petition it will be also apparent that the petitioner was appointed on compassionate ground on 27.11.1984 on the post of Teacher in a Government Middle School on an untrained scale of pay. It is case of the petitioner that subsequently he has acquired training qualification and therefore he would be also entitled for payment of salary in the matric trained scale of pay from the date of his becoming so matric trained. In the opinion of this Court, these question with regard to grant of salary to the petitioner has to be in the first instance examined by the District Superintendent of Education and therefore if the petitioner would approach him by filing an application with relevant documents, the same having been processed by the District Superintendent of Education would be 2 placed before the District Education Establishment Committee, the Cadre Authority for the post of Teacher in the said School. Any decision taken by the Committee in case of the petitioner will be implemented by the D.S.E. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)