IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12834 of 2008 Nitu Verma, wife of Late Sunil Kumar Verma, resident of Mohalla Bari Khanjarpur, P.O. Khanjarpur, P.S. Bari Khanjarpur, District Bhagalpur……………………………..Petitioner Versus 1. The State Of Bihar 2. The Director, Health Services, Govt. of Bihar, Patna. 3. The Deputy Director, Health Services, Govt. of Bihar, Patna. 4. The Additional Secretary, Health, Govt. of Bihar, Patna. 5. The Commissioner, Bhagalpur Division, Bhagalpur. 6. The District Magistrate, Bhagalpur. 7. The Principal, Jawahar Lal Nehru Medical College, Bhagalpur. 8. The Accountant General (A & E), Bihar, Patna. 9. The Area Development Officer, Bhagalpur Division, Bhagalpur………………….Respondents ----------- For the Petitioner: M/s Rajendra Kumar Jain & Achuta Nand Sinha, Advocate For the State: Asst. Counsel to A.A.G. III For the A.G.: Mr. Manikant Mishra, Advocate. 2 16.11.2010 I.A.No.9441 of 2010 This interlocutory application has been filed by the wife of deceased petitioner for substitution of her name in the main writ application as the original petitioner died during the pendency of this writ application. This interlocutory application is allowed. The wife of the deceased petitioner, namely, Nitu Verma, is permitted to be substituted in his place in the cause title of the writ application 2 in course of the day. Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the Accountant General. Petitioner has filed this writ application challenging an order of the Principal, Jawahar Lal Nehru Medical College, Bhagalpur contained in Memo No.1112 dated 03.05.2008, by which, on account of having not passed Hindi Noting & Drafting Examination, time bound promotion granted to the original petitioner was subsequently cancelled and order for recovery of excess amount paid to him was issued. It is not in dispute that original petitioner superannuated on 31st January, 2005 and after three years, the said order has been passed. From Annexure-5 it is apparent that time bound promotion was granted to petitioner vide Memo no. 1930 dated 31.10.1987 itself with effect from 01.06.1982 which was later on confirmed during service period of the petitioner itself. Now after almost 20 years and after three years of superannuation of the 3 petitioner, the same is being sought to be cancelled. Since the original petitioner has died and his wife has been substituted in his place, merely on account of delay and laches on the part of the respondents, the order of the Principal of the College, as contained in Annexure-6, is quashed. There shall be no recovery from the pensionary benefits of the petitioner and if any recovery has been made, the same shall be refunded to the present petitioner within two months from the date of receipt/production of a copy of this order. Pension of the original petitioner and now family pension of the present petitioner and gratuity must be fixed on the basis of pay scale the original petitioner was drawing before retirement and paid to the present petitioner within the same time. This writ application is, accordingly, allowed. BT (J. N. Singh, J.)