IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3393 of 2001 TARKESHWAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 05.09.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The original petitioner came to this Court with a relief for grant of first time bound promotion and second time bound promotion. He has been deceased during pendency of the writ application. A prayer was made for adjournment to file an application for substitution. For reasons discussed hereinafter this Court does not consider it necessary to adjourn the matter for that purpose even while protecting the interest of heirs of the deceased to pursue their remedies. The original petitioner was appointed as a Jail Clerk on 17.8.1971.The counter affidavit at Para 7 now acknowledges that he has been given first time bound promotion on the said post by order dated 14.8.2002 with effect from 17.8.1981. Learned Counsel for the petitioner submits that he is not aware that if the actual monetary benefit of the same have been made available or not to the original petitioner ort his heirs as the case may be. The second contention is that notwithstanding the fact that the petitioner may have been promoted substantively to the post of Assistant Jailor on 1.1.1983 a period falling during in the duration of the time period during which he may have been eligible for second time bound promotion as Jail Clerk on 17.8.1971, the fact that he was promoted to the post of Assistant Jailor was a fresh appointment, and his eligibility for time bound promotion has to be reckoned afresh. This Court has its reservations on the issue and would not like to express any opinion on that aspect of the mater as it is submitted that the legal heirs of the petitioner propose to pursue their remedies before the authorities in that regard. The only positive order to be passed at this stage is that if the monetary benefits of the first time bound promotion to the now deceased petitioner or his legal heirs by virtue of order dated 14.8.2002 has not been paid let the same be made available within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order to the legal heirs of the petitioner. If the legal heirs of the deceased petitioner file a representation with regard to their claim for further time bound promotion on the post of Assistant Jailor naturally the respondents shall be required to dispose of the same in accordance with law expeditiously. The writ application stands allowed to the extent indicate with observation. Snkumar/- (Navin Sinha,J.)