IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5519 of 2009 Chandrama Prasad & Ors . Versus The State Of Bihar & Ors . ----------- 2. 28.07.2011 I.A. No. 5069 of 2011 is stated to have been filed today for substituting petitioner no. 1 by his legal heirs as the former is stated to have been deceased on 15.4.2009. The application is not available on the record. Copy is stated to have been served on the counsel for the State. The office shall place the original application on record. Considering that the claims made in the writ application have financial implication for the family of the deceased, after hearing counsel for the parties the application is allowed. The petitioners 1 and 2 are both stated to have superannuated. Petitioner no. 3, is stated to be still in service. They desired to be considered for grant of second time bound promotion. No counter affidavit has been field notwithstanding that the writ petition was filed as far back as 29.4.2009 after serving two copies in the office of the Advocate General. It is the contention of the petitioners supported by documentary evidence annexed to the writ petition that their claims have been considered and appropriate recommendation made which did not see 2 the light of the day either ways. No useful purpose is going to be served by keeping the writ application pending. Not only have the respondents refused to respond to the representation and recommendation from their own department but they have also refused to file a counter affidavit. The writ application is disposed with direction to the respondents to consider the grievance of the petitioners and dispose it off by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. If the respondents propose to deny relief to the petitioners they shall be required to disclose the reasons first in writing with an opportunity to the petitioners to reply to the same. In that event the period of three months shall get extended by the duration that the petitioners may take to furnish their replies. It is expected that if the respondents find justification in the claim or in any part of the claim, necessary consequential orders shall be issued simultaneously within the same period. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)