IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5015 of 2003 Nirmala Kumari, Wife of Ashok Kumar Mishra, Resident of Village Pachamba, P.S. Begusarai, District Begusarai, at present Mohalla Sri Krishnapuri (South), Behind F.C.I. Godown, P.S. Begusarai, District Begusarai-851101. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health, Medical Education and Family Welfare, New Secretariat, Patna. 2. The Secretary cum Commissioner, Department of Health, Medical Education and Family Welfare, New Secretariat, Patna. 3. The Director in-Chief, Health Services, Bihar, Patna. 4. The Superintendent, S.K.M.C.H. Uma Nagar, Muzaffarpur. ----------- Respondents ----------- 3 11.08.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner, when it was originally filed on 21.5.2003, reads as follows:- “1. That through this writ application, the petitioner seeks issuance of appropriate writ, order or direction to the respondents to pass fresh order after giving opportunity of hearing on the point of promotion from the post of Grade „A‟ Nurse to the post of Assistant Matron or equivalent post.” During pendency of this writ application and in fact in terms of the order of this Court dated 22.5.2003, the authority has passed an order giving promotion to the petitioner as duh; f'k{kk cgu vide order dated 2 10.10.2003, which has been made prospective from the date of issue of the order. Mr. Kamlesh Kumar Sharma, learned counsel for the petitioner would submit that even when the petitioner was able to establish the apparent discrimination in the matter of her promotion vis-à-vis promotion of Smt. Bimla Singh and Smt. Madhuri Kumari, who despite being junior to the petitioner, were given such promotion on the said post of duh; f'k{kk cgu way back in the year 1992, the petitioner’s promotion even then has been notified w.e.f. 10.10.2003 and in this way, she stands loser both in terms of the promotional post as also in the matter of consequential payment of salary. Counsel for the State has no instruction and has not filed any counter affidavit. He, however, submits that once the petitioner has been given promotion, her grievance as raised originally in the writ application, stands redressed. In the opinion of this Court, the matter is not so simple. Every person has a right to be considered for promotion at an 3 appropriate point of time and at least is also entitled for promotion from the date his/her junior is given such promotion. In the present case, when the respondents have found the petitioner to be senior to Smt. Bimla Singh and Smt. Madhuri Kumari and in fact on that basis alone have gone to notify her promotion, the same could not have been effected from the date of the order i.e. 10.10.2003 but, from the date on which her juniors were given such promotion. The Government may take a separate decision with regard to extending the financial benefit of such promotion but the petitioner cannot be made to suffer in the matter of her seniority on the promotional post of duh; f'k{kk cgu. Considering this aspect of the matter, this Court would direct the concerned respondent, Director-in-chief, Health Services to look into this aspect and if there is nothing adverse against the petitioner, her date of promotion should also be shifted back to the date of promotion of her juniors, namely, Smt. Bimla Singh and Smt. Madhuri Kumari, who have been given such 4 promotion with effect from 11.12.1992. In the event, the Director-in-chief, for any other reason, would not find the petitioner entitled for such promotion despite her being senior to the aforesaid two persons, he will record reasons while rejecting the claim of the petitioner. It goes without saying that if the petitioner is given promotion from the date of her juniors, she will also be entitled for consequential benefit of fixation of her salary in the promotional pay-scale from the date of her promotion. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)