IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18456 of 2008 Shyama Devi, wife of Late Chittranjan Thakur, resident of Mohalla Murtujachak, P.O. Mirjanhat, P.S. Mojahidpur, Town & District- Bhagalpur. ………… Petitioner Versus 1.The State Of Bihar through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Govt. of Bihar, New Secretariat, Patna 2.The Director, Deshi Chikitsa, Department of Health, Govt. of Bihar, Patna 3.The Principal Yatindra Narayan Astang Ayurved College, Champanagar, Nathnagar, Bhagalpur (in short “the College”) 4.The Treasury Officer, Bhagalpur 5.The Accountant General, Bihar, Birchand Patel Path, Patna. ……………… Respondents ---------------------------------- 3. 30/11/2011 Petitioner has filed this writ application raising a claim of her husband in respect of grant of time bound promotion as well as promotion under Assured Career Progression Scheme as he died in harness on 24.2.2007. Case of the petitioner is that her husband was appointed in the College, i.e. Yatindra Narayan Astang Ayurved College, Champanagar, Nath Nagar, Bhagalpur on 17.4.1976 on a Class III post. The College was later on taken over by the Government with effect from 10.1.1985. A Screening Committee was constituted in terms of section 6(2) of the Act and the Screening 2 Committee submitted its report. Report was finally accepted and by notification dated 20.5.1997 services of husband of the petitioner and other employees were absorbed in regular Government service. Services of the husband of the petitioner were absorbed with effect from take over of the College i.e. 10.1.1985. Petitioner claims that since services of her husband were absorbed with effect from 10.1.1985, his ten years service shall be treated as completed on 10.1.1995 which made him entitled for grant of first time bound promotion and later on promotion under the Scheme with effect from the date the same came into force. Counter affidavits have been filed in this case by the respondents and it is stated that since the husband of the petitioner had not passed Accounts Examination, which was essential for grant of such promotion, the same was not granted to him. Law has already been laid down by this Court authoritatively that for grant of such promotion, passing of Accounts Examination is essential. Hence, learned counsel for the 3 petitioner does not press this point any further. However, alternatively, he relies upon a Government letter no.1925 dated 21.6.1978 and submits that after completing the age of 50 years, husband of the petitioner stood exempted from appearing in such examination. Hence, he was entitled for grant of said promotion at least with effect from 3.12.1998. Learned counsel for the respondents does not dispute this stand and submits that the case of the husband of the petitioner may be considered by the Department for grant of promotion exempting him from appearing in the examination in view of the said letter of the Department. In view of the rival stand of the parties, this writ application is disposed of with liberty to the petitioner to file a formal application before respondent no.2 the Director, Indigenous Medicines, Department of Health in this respect along with a copy of this order, on receipt of which, the Director shall pass appropriate orders in accordance with law on the claim of the petitioner for grant of admissible 4 promotion to her husband along with monetary benefits thereof taking into account the said letter of the Department dated 21.6.1978. Final orders must be passed by the Director in the matter positively within two months from the date of receipt/ production of a copy of this order. Pradeep/ ( J. N. Singh,J.)