IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9278 of 2010 1. DR.(MRS.) GEETA SINGH W/O LATE DR. K.K. SINGH R/O - 0/70, DOCTOR'S COLONY, KANKARBAGH, PATNA-800 020, P.S.- PATRAKAR NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE HEALTH COMMISSIONER-CUM-SECRETARY HEALTH AND MEDICAL EDUCATION AND FAMILY WELFARE, BIHAR, NEW SECRETARIAT, PATNA 3. THE ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, BIHAR, NEW SECRETARIAT, PATNA 4. THE DEPUTY SECRETARY HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, NEW SECRETARIAT, PATNA ----------- 2 10/02/2011 Claim of the petitioner for grant of regular promotion from the date she has worked on the post of Professor, may be as a working arrangement, has been made before the Principal Secretary, Department of Health, Government of Bihar way back on 9.11.2009 which is evident from annexure-7. A copy of this application was also received in the office of the concerned respondent but since they have failed to pass any order or to take a decision on the same, the present writ application has been filed. - 2 - No counter affidavit in the matter has been filed till date. Therefore, the stand of the State is not known. Even otherwise the Court is of the opinion that a decision ought to be taken by the Principal Secretary first on the issue. Only if the petitioner is not granted the relief which she is looking for when other similarly situated persons have been granted, then there may be an occasion for adjudication by the Court of law. At this stage, this writ application is disposed of with a direction upon the Principal Secretary, Department of Health, Govt. of Bihar (respondent no. 2) that taking cognizance of the application of the petitioner, a decision will be taken by passing a speaking order and communicated to the petitioner within a period of four months from the date of production or communication of a copy of this order. It goes without saying that if the claim of the petitioner is found to be in order, the follow up relief or notification will be issued preferably within the same time frame as above. If the claim is rejected for any cogent and valid reason, petitioner will have the remedy under the law. - 3 - This writ application is disposed of with the above direction. AMIN/ (Ajay Kumar Tripathi, J.)