IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1386 of 2009 TARA DEVI, W/O LATE KAMALAPATI MISHRA, WEST FROM B.B. HIGH SCHOOL, MOHALLA – BENGALI TOLA, BUXAR, P.S. BUXAR (T) P.O. AND DISTRICT – BUXAR. ………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SHRI R.J.M. PILLAI, THE CHIEF SECRETARY, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 3. MR. AMIR SUBHANI, THE SECRETARY, HOME (PRISON) DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 4. SHRI S.K. SINGH, JOINT SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 5. SHRI RAMESH LAL, THE INSPECTOR GENERAL OF PRISONS GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 6. SHRI AGUN CHANDRA MISHRA, THE DIRECTOR (ADMINISTRATION) HOME (PRISON) DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 7. SRI MADAN SHANKAR VERMA, THE SUPERINTENDENT OF SUB JAIL, LAKHISARAI, AT AND P.O. LAKHISARAI. 8. SRI I.D.S. DHARIWAL, THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL MARG, PATNA. 9. SHRI AFZAL AMANULLAH, PRINCIPAL SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. ……………….. OPPOSITE PARTIES. ----------- 04/ 13.04.2010 Heard counsel for the petitioner and counsel appearing for the State representing opposite parties. Show cause has been filed on behalf of opposite parties stating that in compliance of the direction of this Court, the representation of the petitioner was considered and disposed of. It was found that the petitioner’s husband was not given promotion by the Departmental Promotion Committee presided over by the Member of the B.P.S.C. In the meeting held on 12.8.1988 and 23.8.1988 the case of - 2 - petitioner’s husband was considered and one post was kept reserved, for his promotion, subject to the final order passed in the departmental enquiry. Since, the case of Kamalapati Mishra was not cleared for promotion by the Departmental Promotion Committee., the petitioner is not entitled for the arrears of salary payable to her husband in the promotional scale of Jail Superintendent. Considering proper compliance of the direction/order in the writ application, this proceeding is dropped. However, petitioner if still aggrieved, she has liberty to move before any appropriate forum. DKS/ (Mridula Mishra, J.)