IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12933 of 2000 1.(a)DHARMAWATI PANDEY@DHARMAVATI CHOUBEY, wife of Late Kapil Muni Pandey, S/O Late Sri Deo Nandan Pandey, presenting working as the Principal, Primary Teacher”s Training College, Noorsarai, Nalanda. (b)Puja Kumari ©Dhananjay Kumar Pandey (d)Priyanka Kumari (e)Kislay Kumar Under the guardianship of her mother Dharmavati Pandey @ Dharmavati Choubey. All legal heirs of the deceased sole petitioner Kapil Muni Pandey. Versus 1.THE STATE OF BIHAR 2.The Secretary-Cum-Commissioner, Education Department, Government of Bihar, New Secretariat, Patna. 3.The Director, Administration, Government of Bihar, New Secretariat, Patna. 4.TheDirector, Primary Education, Govt. of Bihar, New Secretariat, Patna. ----------- 8 6/7/2009 Heard counsel for the parties. In this writ application prayer of the widow-petitioner, wife of Late Kapil Muni Pandey is for a direction of promotion of her deceased husband from Bihar Subordinate Education Service to Bihar Education Service at least from the date juniors to her husband including one Shankar Prasad were given such promotion. The respondents have filed their counter affidavit wherein it has been explained that such promotion of husband of the petitioner could not be notified earlier due to absence of an order of confirmation of his service, which was done only after his death by memo No. 3090 dated 20.9.2007. In the same counter affidavit it has also been admitted that Shankar Prasad, admittedly junior to husband of the petitioner had been given promotion in 2 Bihar Education Service with effect from 1.1.1998. In view of the stand taken by the respondents in the counter affidavit in detail that the D.P.C. in its meeting dated 9.4.2007 had already taken a decision to reconsider the cases of all such persons including the petitioner whose services were not confirmed in the Bihar Subordinate Education Service, the respondents now are under the obligation to reconsider the case of husband of the petitioner for such promotion strictly in accordance with law. So that the benefit of such promotion as extended in case of Shankar Prasad, if admissible can be made available even in the case of husband of the petitioner. Since the petitioner is widow and has been pursuing the case of promotion of her husband dying in harness on 26.5.2006, with a legitimate expectation of monitory benefit only, such a decision must be within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)