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2004 DIGILAW 951 (PAT)

Syed Mohammad Fasih Ahmed v. State Of Bihar

2004-09-13

V.N.SINHA

body2004
Judgment 1. Heard learned counsel for the petitioner and the State. 2. The petitioner in this case has questioned the notification of the Secondary, Primary and Adult Education Department bearing No. 535 dated 4.10.2001, as contained in annexure 6, whereunder the officers of the Bihar Education Service have been allowed super time scale with effect from the date indicated against their names. 3. The grievance of the petitioner is that perusal of the aforesaid notification, as contained in annexure 6, itself will indicate that he has been given super time scale in Bihar Education Service with effect from 1.10.1993. According to the petitioner the date of grant of super time scale to him should be 1.2.1992 as that is the date from which his junior Navendu Sharma has been allowed the super time scale. 4. For the similar relief the petitioner has served a notice on the Secretary of the Secondary, Primary and Adult Education Department through his Advocate under registered cover bearing nos. 2127 and 2128 dated 13.4.2002, as contained in annexure 7, but as the authorities did not consider the grievance of the petitioner in spite of the aforesaid notice, the petitioner has filed this writ application on 20.10.2003. Since then till date the matter has remaining pending and in spite of two adjournments granted to learned counsel for the State no counter affidavit has been filed. 5. As the matter is kept pending and the counter affidavit is not forthcoming, deem it expedient that for the relief prayed for in this writ application, the petitioner should file a representation before the Secretary, Secondary. Primary and Adult Education, Government of Bihar, and the Secretary should dispose of the representation within a period of three months from the date of receipt of the representation. The Secretary is expected to pass a reasoned order on the representation within the time indicated above in context of the issue raised in this writ application. It goes without saying that in the event the order passed by the Secretary is not to the liking of the petitioner, he will be at liberty to approach this Court. 6. This disposes of this writ petition. No costs.