IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18918 of 2008 Sarojini Misra, W/O Sri Radha Krishna Mishra, R/O village-Misri Ke Gauri, P.S.- Darauli, District- Gopalganj, at present Incharge Headmaster Co-operative High School, Ahiyapur in the Distinct of Gopalganj. ……………..Petitioner. Versus 1. The State of Bihar. 2. The Commissioner- cum-Secretary, Human Resources Department, Bihar, Patna. 3. The Director, Secondary Education, Bihar, Patna. 4. The Regional Deputy Director of Education, Saran, Chapra. 5. Deputy Secretary, Human Resources Development Department, Bihar, Patna. 6. The District Education Officer, Gopalganj. 7. Ram Naresh Prasad, S/O name not known to the petitioner, Headmaster, High School Sanhaula, Gopalganj………Respondents. ----------- 3. 30.11.10. Heard learned counsels for the petitioner and the State. The petitioner has claimed to be promoted as Headmistress in the Co-operative High School, Ahiyapur (Gopalganj), with effect from 24.12.2006 on the ground that the juniors to the petitioner have been promoted. Though the petitioner worked as Incharge Headmistress in the said school since 01.01.2008 but has superannuated on 31.12.2009. A counter-affidavit has been filed by the State though the claim of the petitioner has not been controverted but promotion was not made in view of the petitioner’s representation dated 06.12.2006 as contained in Annexure-“A” series to the counter-affidavit wherein it has been 2 contended by the petitioner that she is not willing to be promoted as Headmistress on the ground of hampering of studies of children and her own illness. This contention of the State has not been controverted by the petitioner. Though it has been submitted that the petitioner had given up her claim temporarily though the representation was not accurately worded. It is further submitted by the learned counsel for the petitioner that through the letter no. 19 dated 31.07.2007 issued by the Headmaster of Government Co-operative High School, Ahiyapur, Gopalganj, request was made to the Director, Secondary Education, Bihar, Patna, for promoting the petitioner on the post of Headmistress with effect from 24.12.2006. Considering the fact that the State has not controverted the claim of the petitioner being promoted to the post of Headmistress but she was not being promoted due to her giving up the claim for being promoted, since the reasons given in the representation being temporary in nature and the petitioner has worked as In- charge Headmistress from 01.01.2008 till her superannuation, let the respondent authority consider the promotion of the petitioner 3 notionally from the date her juniors have been promoted to the said rank. It is made clear that the petitioner will not be entitled for any emoluments for period of notional promotion as Headmistress but the said period will be calculated for continuity of service, fixation of last pay and retirement and other consequential benefits. Let the authority refix the last pay and pay the pensionary benefits accordingly. The whole exercise must be completed within a period of twelve weeks from the date of receiving of the order of this court. With the aforesaid directions, this writ application is allowed. U.K. (Dinesh Kumar Singh,J.)