IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4201 of 1997 Sarunga Devi, wife of late Om Prakash Sinha, resident of Mohalla Katra Bazar, Patna City, P.S. Malsalami, District Patna … Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna 3. Director, Health Services (Indigenous Medicine), Govt. of Bihar, Patna 4. Deputy Secretary cum Director, Indigenous Medicine, Govt. of Bihar, Patna 5. Additional Secretary, Health Services, Govt. of Bihar, Patna 6. Commissioner cum Secretary, Finance Department, Govt. of Bihar, Patna 7. Joint Secretary, Finance Department, Govt. of Bihar, Patna 8. Superintendent, Govt. Ayurvedic Collece and Hospital, Patna … Respondents ----------- 8. 19.7.2011 Learned counsel for the petitioner at the out set would submit that in view of the stand taken in the counter affidavit the substituted petitioner will have now no case for grant of pay scale of the post of Medical Officer to the husband of the substituted petitioner, inasmuch as his appointment was initially made on the post of Store Keeper and the said post was upgraded to the post of Medical Officer only with effect from 16.9.1991. In that view of the matter, the deceased original petitioner could not have been given the pay scale of 2 the post of Medical Officer with effect from 1.4.1978 and consequently the action and the order of the respondents as with regard to payment of salary of the post of Medical Officer with effect from 18.9.1991 does not suffer from any error. The rest of the grievance of the substituted petitioner as with regard to promotion of the original petitioner in fact would also not impress to this Court, inasmuch as if the original petitioner had been absorbed on the post of Medical Officer only with effect from 16.9.1991, his seniority on the said post could only be assigned w.e.f. 16.9.1991, inasmuch as any person appointed or promoted as Medical Officer prior to 16.9.1991 shall always rank senior to the original petitioner. Therefore, if on the basis of seniority already fixed showing the original petitioner to be at serial no. 252 if any person junior to him during his continuance in service had been given such promotion, it is only then that the substituted petitioner may also claim such benefit of promotion of her husband. Since this aspect of the matter 3 has not been explained in this writ application, all that this Court can give liberty to the substituted petitioner is that in case she would find that the original petitioner was entitled for such promotion on the basis of any of his junior being given such promotion she shall file a representation to the Director, Indigenous Medicine, who after examining the same shall place it for final decision before the State Government. In the event the respondents would find no merit in the claim of promotion of the original petitioner they would be required to reject the same by a speaking order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/