IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1553 of 2001 JANKI DEVI & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr Nirmala Kumari For the State : JC to SC 8 --- 4. 29.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The original petitioner came to this Court with a relief for grant of first and second time bound promotions. Undoubtedly he has been granted the same. The controversy now remains with regard to the pay scale to which he is entitled in pursuance of the grant of such promotions. The original petitioner has been deceased during pendency of the writ application and it is now being pursued by his wife as legal heir. A counter affidavit is stated to have been filed in this matter but the same is not available on record and neither has it been served on the petitioner. Learned Counsel for the State submits that the husband of the substituted petitioner belonged to the Government Stationary Store and Publication, Gulzarbagh which was an establishment falling under the moffasil cadre. His pay scale is required to be fixed accordingly and that the deceased was not entitled to the pay scale applicable to the Clerks in the Secretariat cadre. However, learned Counsel for the petitioner submits from Annexure 3 series that in similar circumstances the pay scale being claimed has been given to the other Clerks of the Government Stationary Store and Publication, Gulzarbagh. The writ application is therefore appropriately disposed with directions to the respondents to decide the issue of the pay scale of the deceased consequent6 to the grant of such promotion and whether he belongs to the Secretariat cadre or moffasil cadre, when it is the petitioner’s case that that the pay scale being claimed has been awarded to the other employees of the Government Stationary Store and Publication, Gulzarbagh causing hostile discrimination from Annexure 3. Let a reasoned and speaking order be passed thereupon within a maximum period of three months. It is expected that in the event that the respondents find substance in the claim of the petitioner either wholly or in part keeping in mind that she is a widow the legitimate dues if any shall be paid to her without requiring her to approach this Court again. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)