IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8552 of 2006 KANCHAN MALA SINHA, aged about 58 years, w/o Shri Jawala Prasad Sinha, D/o Late Ram Gopal, resident of village Gulab Bagh Market, P.O. Banikpur, P.S. Kadam Kuman, District – Patna. … Petitioner. Versus 1. THE STATE OF BIHAR. 2. Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. Director-in-chief, Health Services, Bihar, Patna. 4. Superintendent, Patna Medical College and Hospital, Patna. 5. Deputy Superintendent, Sub-divisional Hospital, Barh, District – Patna. 6. Kanak Kumari, Principal, A.N.M. School, Barh, District – Patna. ….. Respondents. ----------- 02/ 14.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that petitioner has filed this writ application for a direction to respondent no. 3 to consider the case of the petitioner for her promotion from Public Health Nurse (PHN) to the post of Senior Sister Tutor. He submits that by Annexure-3 to the writ application some juniors of the petitioner have already been promoted and therefore, the petitioner is also legally entitled for such promotion from the date juniors have been granted promotion. He submits that in view of the fact that the juniors have already been promoted the petitioner may be given liberty to file representation before respondent no. 3, Director-in-chief for grant of such promotion in the light of promotion having been granted to the juniors, which may - 2 - be considered and disposed of by respondent no. 3. Accordingly, this writ application is disposed of with liberty to the petitioner to file representation before respondent no. 3 within one month from today. In case such representation is filed and the petitioner makes out a clear cut case of grant of promotion to her juniors ignoring her claim, respondent no. 3 shall pass appropriate orders on her representation in accordance with law for grant of promotion to the petitioner from the date juniors have been granted the same. In case respondent no. 3 does not find merit in the claim of the petitioner he shall pass specific orders giving specific reasons for the same and communicate the same to the petitioner. In either way respondent no. 3 shall complete the process and pass final orders within three months from the date of filing of representation. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by the concerned respondent strictly in accordance with law. DKS/ (J. N. Singh, J.)