IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9903 OF 2005 URMILA DEVI, WIFE OF LATE DR. JANARDAN PRASAD CHAUDHARY, RESIDENT OF MOHALLA NAYA TOLA, POLICE STATION KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR ……………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA …………………………………………………………………………RESPONDENTS ******* FOR THE PETITIONER :- MR. HARISH KUMAR, ADVOCATE MR. BINOD KUMAR SINHA, ADVOCATE FOR THE S T A T E :- MR. SHANKAR KUMAR, AC TO AAG 15 ************ 3 21/01/2011 The husband of the petitioner was appointed in the Health Department on 27.07.1960 as a Medical Officer. Subsequently, he took leave for higher study outside India and was away from India from 1969 to 1973. The petitioner’s husband was granted two years’ leave. The departmental proceeding was initiated against the husband of the petitioner after 21 years after he joined back in the medical services on completion of his studies. The departmental proceeding was challenged by filing CWJC No. 4846 of 1998, which was disposed of on 08.12.1999. This Court held that the authorities concerned-the respondents, had acted arbitrarily and had abused their powers by initiating a departmental proceeding after 21 years of the said occurrence. This Court was pleased to quash the initiation of the 2 departmental proceeding. During the pendency of the aforesaid writ application, the husband of the petitioner died and the petitioner was substituted. The present writ application has been filed for grant of Junior Selection Grade, Senior Selection Grade and Super Time Selection Grade to late Shri Janardan Prasad. The fact that the departmental proceeding has already been quashed against the husband of the petitioner, would entitle him to be considered for promotion, from the date on which it was due to him. I, therefore, direct the respondent no. 2 to consider the case of the husband of the petitioner for grant of Junior Selection Grade, Senior Selection Grade and Super Time Selection Grade from the date on which the person similarly situated to the husband of the petitioner were granted the benefit. The petitioner is directed to produce a copy of this order within a period of eight weeks from the date of receipt of a copy of this order before the respondent no. 2, who will pass orders within a period of six months thereafter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )