IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2015 of 2003 AHILYA SINHA W/O late Dr. Krishna Kumar Sinha, presently residing at New Area Behind Mahila College, District Nawada, Bihar. Versus 1.THE STATE OF BIHAR 2.Health Commissioner Cum Secretary, Health Department, Patna. 3.Deputy Secretary to the State Government Department of Health, Bihar, Patna. 4.Accountant General (A and E) II, Bihar, Patna. 5.Assistant Accountant General, Bihar, BIrchand Patel Path, Patna. ----------- 3 26.7.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application, widow of Late Dr. Krishna Kumar Sinha, who had retired while holding the post of Medical Officer on 31.1.1997 and also died on 23.7.1997, is confined to claiming certain benefit of salary for the period of suspension and time bound promotion. Learned counsel for the petitioner, however, very fairly submits that the petitioner is not interested in claiming any salary for the period of suspension and that she would be satisfied if the respondents as per their own showing in the counter affidavit would consider the grievance relating to grant of time bound promotion of her husband with consequential monetary benefits. Inasmuch as, from the counter affidavit it would appear that husband of the petitioner was facing some disciplinary proceedings and was not exonerated therein, it would be difficult for this Court to straight way give a direction for grant of time 2 bound promotion to the husband of the petitioner. It is well settled that a person even for earning time bound promotion must have a clean service record and be eligible in all respect as in the case of grant of regular promotion. Nonetheless, as the respondents themselves in the counter affidavit have taken a stand that the case of grant of time bound promotion of husband of the petitioner is under active consideration, this Court would accordingly direct the respondents to consider and take a decision with regard to grant of time bound promotion to the husband of the petitioner at an early date preferably within a period of six months from the date of receipt/production of a copy of this order. Let it be made clear that this Court has not expressed any opinion on such claim of grant of time bound promotion to the husband of the petitioner and the matter has been simply remitted back to the Principal Secretary of the Health Department to look into the claim of the petitioner and take a final decision strictly in accordance with law within a period of six 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.)