IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8213 of 2008 1. SAMSUDDIN ANSARI 2. ANIL SAO 3. OMKARNATH RAM 4. LALMUNI RAM------PETITIONERS Versus THE STATE OF BIHAR & ORS ----------- 2. 2.2.2010 Heard counsel for the petitioners and counsel for the State. Petitioners have filed this writ application for quashing of impugned order no. 204 dated 10.2.2001 passed by the Civil Surgeon-cum-Chief Medical Officer, Kaimur, Bhabua, whereby the promotion granted to the petitioner on recommendation of the District Establishment Committee have been cancelled. Counsel for the petitioners submits that the impugned cancellation order has been issued by a person who was in temporary charge of Civil Surgeon-cum-Chief Medical Officer, as such not competent to pass such orders. Impugned orders have also been challenged on the ground that it has been issued with malafide intention in violation of rules of natural justice and it is also contrary to rule. Similar order was under challenge in CWJC No. 14590 of 2001, and the writ application was disposed off giving liberty to the petitioners to file representation before the appropriate authority for recalling the order, cancelling their promotion and for payment of salary of the promotional scale. The respondents were directed to consider representations filed by the petitioners and pay their legitimate dues within a period of twelve 2 weeks from the date of promotion/communication of this order. Counsel for the petitioner submits that in view of the order passed in CWJC No. 14590 of 2001 the similarly situated persons have got same benefit. So far the petitioners are concerned, their cases were not considered simply because they have not obtained similar order in their favour, by filing a writ application. The writ application is being disposed off. The petitioners will file representations before the respondent no.3, who will consider their representations, pass necessary orders allowing the promotion since nowhere in the counter affidavit it is stated that the promotion was not given to them following the due process. The petitioners will also be entitled for their salaries of the promotional scale. The respondent will pass necessary orders and ensure payments of their legal dues, preferably within a period of twelve weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar