IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12832 of 2009 DR.SHEELA SINHA . Versus THE STATE OF BIHAR & ORS . ----------- 2 5.1.2010 Heard Counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of Respondent no.2, in which no specific averment has been made to the statements made in the writ application of the petitioner. The issue which has been raised by the petitioner has also not been answered properly. Prayer of the petitioner is for a direction to make payment of salary on account of her promotion to the post of Associate Professor in the department of Paediatrics ,Patna Medical College Hospital, Patna with effect from 5th September, 2004. Petitioner’s case is that she was eligible for being promoted to the post of Associate Professor and considering her eligibility she was promoted to the post of Associate Professor vide notification contained in Memo No.638(17) dated 5th September, 2004 but as per the system prevalent in the Health Department despite her promotion to the post of Associate Professor she was paid the salary of Assistant Professor she was promoted to the post of 2 Associate Professor but in the same pay scale on which she was earlier working i.e. in the pay scale of Assistant Professor. It has also been stated in the writ application that since the date of notification the petitioner is working against the sanctioned post of Associate Professor, as such she is entitled to get the salary for the post of Associate Professor. In the counter affidavit it is stated that the matter for promotion of the petitioner has already been considered by the Departmental Promotion Committee on 2.12.2008 and she has been recommended for promotion and other consequential benefits. The recommendation is pending for concurrence from the Finance Department. As soon as the Finance Department’s concurrence is obtained, necessary notification will be issued. There is no statement in the counter affidavit whether the Departmental Promotion Committee has considered the case of the petitioner’s promotion with effect from 5th September, 2004 or from the date of the issuance of the notification. It is also not stated that what is the stand of the respondent authorities in the Department of Health regarding payment of salary to the petitioner for promotional post with effect from 5th September, 2004. 3 It has already been decided in the earlier judgments that a Government servant is entitled for salary for the post he/she is discharging duties on account of promotion. Accordingly, this application is being allowed giving direction to the the Principal Secretary, Department of Health Medical Education and Family Welfare,Govt. of Bihar, Patna to issue necessary orders for payment of salary in the promotional scale to the petitioner with effect from 5th September, 2004 i.e. the date when the notification for promotion was issued in favour of the petitioner. She will also be entitled to all consequential benefits. Consequential order must be issued by the respondent not later than four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar