IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.699 of 2007 1. DR.KARUNA OJHA, WIFE OF LATE SHRI BALESHWAR OJHA, DAUGHTER OF LATE P.P. SINHA, RESIDENT OF VILLAGE KHABRA, P.S. SADAR, DISTRICT MUZAFFARPUR 2. PRABHA SINHA, WIFE OF LATE DR. KAVINDRA KISHORE PRASAD SINHA, RESIDENT OF LECTURER FLAT NO.14, BABASAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY CAMPUS, KHABRA ROAD, MUZAFFARPUR……………………………PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, NEW SECRETARIATE, BIHAR, PATNA 2. BABASAHEB BHIM RAO AMBEDAKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR 3. THE VICE-CHANCELLOR, BABASAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 4. THE REGISTRAR, BABASAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR…………………….RESPONDENTS ----------- 4. 20.08.2009 Heard learned senior counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for a direction to the respondents to grant benefit of promotion to petitioner no.1 and late husband of petitioner no.2 by way of assured career progression with effect from the due date their counter-parts in the State Government have been granted such benefits. Learned Senior Counsel for the petitioners has referred to one office order of - 2 - the Registrar of the University dated 16.02.2005 (Annexure-3 to the writ application) from which it appears that Vice-Chancellor has extended benefits of assured career progression to the non- teaching employees of the University at par with the Government employees in anticipation of the approval of the State Government. He submits that petitioners have already filed representations before the Secretary of the Human Resources Development Department, Bihar and the Vice- Chancellor of the University, annexed as Annexures 6 and 7, for the purpose. He submits that writ application may be disposed of with a direction to the respondents to consider representations and pass a speaking order on the claim of the petitioners within a fix time frame. Learned counsel for the University submits that as per Annexure-3, it is apparent that extension of such benefits to non-teaching employees of the University was subject to approval of the State Government. Therefore, it would be appropriate that the representations filed by the petitioner before the Secretary, Human Resources Development Department, Government of Bihar, Patna may be directed to be disposed of - 3 - so that the Department may consider the admissibility of such benefits to non-teaching employees of the University and approve the same in accordance with law. Considering the submissions of learned counsel for the parties, this writ application is disposed of with a direction to the respondent Secretary, Higher Education, Department of Human Resources Development, Government of Bihar, Patna to consider representations of the petitioners and pass appropriate speaking orders on the same in respect of their entitlement to such a claim of assured career progression, as extended by the Vice-Chancellor vide Annexure-3. For the convenience of the respondents, petitioners may file a fresh representation before the Principal Secretary of the Human Resources Development Department within one month from today. In case such a representation is filed by the petitioners, the Principal Secretary of the Department shall consider the admissibility of such a claim to the petitioners in accordance with law and if he finds that the petitioners are entitled to such a benefit of assured career progression, he shall grant approval to the order of the Vice-Chancellor - 4 - within two months, as reflected from Annexure-3. In case the Principal Secretary does not find that the petitioners are entitled for the same, he shall assign reasons for the same referring to specific letters/circulars/orders in the matter in his order and communicate the same to the petitioners. With the aforesaid observations and directions, the application is disposed of. B.T (J.N. Singh, J.)