IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10026 of 2001 1. MOSTT.BHARTI SINGH 2. SAMIR BAHADUR SINGH 3. RAKHI SINGH 4. BHAWANA SINGH (SUBSTITUTED HEIRS OF DR. SHALIGRAM SINGH ORIGINAL PETITIONER) Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE HEALTH COMMISSIONER-CUM-SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, GOVT. OF BIHAR, PATNA. …………RESPONDENTS. ----------- 8 07.12.2009 The original petitioner had filed this writ application for a direction to the respondents to promote him in Senior Selection Grade Scale with effect from 1.4.1987 and Super Time Selection Grade Scale with effect from 1.5.1995 in the light of the fact that similarly situated persons had been granted the benefits. Prayer was also made for a direction to the respondents to pay all monetary benefits of such promotions and pay the entire arrears, difference of salary etc. During the pendency of the writ application the original petitioner has died and he has been substituted by his widow and other heirs. Counter affidavit has been filed in this case sworn by the Under Secretary of the 2 Department. In the counter affidavit, it is mentioned that the original petitioner had already been granted Senior Selection Grade Scale and Super Time Selection Grade Scale. Notifications in that respect have been annexed as Annexure-A and B with the counter affidavit. With regard to payment of arrears, it is stated in the counter affidavit that the State Government is only sanctioning authority and actual pay slip/authorization slip has to be issued by the Accountant General office. Learned counsel for the petitioners was repeatedly granted time to seek instructions as to whether the arrears on account of grant of such scales have been released to the petitioners or not. However, he submits that due to some family problems in the family of the petitioners he has been unable to receive instructions in the matter. Therefore, in the light of the averments made in the counter affidavit, this writ application is disposed of. In case, the arrears on account of grant of such scales as appearing from the counter affidavit has not been paid to the petitioner till now, the State 3 Government is directed to issue order of sanction within two months from the receipt of copy of this order and the Accountant General, Bihar is directed to take steps in the matter in the light of the sanction order of the State Government and issue necessary pay slip/authorization slip in favour of the petitioners/legal heirs of the deceased Government servant, preferably within a period of one month from the date of receipt of sanction order from the Government. Learned counsel for the petitioners submits that in case petitioners find that some remaining amount in respect of the deceased petitioner is still pending with the respondents or some remaining claim connected with the grant of said scales to the petitioners they may be given liberty to agitate the same before the competent authority of the Government. The said liberty is granted to the petitioners. In case they file any representation before the competent authority of the State Government in respect of any remaining arrears or any remaining claim or disputing with regard to correctness of grant of said scales, 4 the concerned authority shall consider the same and pass appropriate speaking orders in respect of the grievances of the petitioners raised in the representation within three months from the date of receipt/production of a copy of this order. The writ application is accordingly disposed of with aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)