IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12479 of 2003 NALINI SHARMA, wife of Akhila Nand Sharma, resident of village and P.O. Mirapur, P.S. Sakara, District Muzaffarpur, presently posted as L.H.V. Primary Health Centre, Ujiyarpur, District Samastipur. Versus 1. THE STATE OF BIHAR 2. The Secretary, Health Service, Bihar, Patna. 3. The Director, Health Service, Bihar, Patna. 4. The Deputy Director, Mass Education and Communication, State Family Welfare Bureau, Bihar, Patna. 5. The Civil Surgeon Cum Chief Medical Officer, Samastipur. ----------- 3 1.10.2010 Having heard counsel for the parties as with regard to the following relief:- “(i)For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to promote the petitioner on the post of Deputy District Mass Media Officer (Mahila) from the post of L.H.V. in the vacant post of the department. (ii)For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay entire consequential monetary benefits after promotion. (iii)For issuance of any other appropriate writ/ writs, order/ orders, direction/ directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.” this Court would not find any merit in the sole plank of the petitioner for claiming her promotion on the ground of her junior Jayanti kumari given such promotion by an order dated 10.8.1983, inasmuch as, the said Jayanti Kumari by the aforementioned order dated 10.8.1983 was only posted in her own pay scale against the post of Deputy District Mass Media Officer (Female) which cannot be held as her promotion. The sole case of discrimination of the petitioner as cited in the writ application has 2 not been substantiated as has been fully clarified in the counter affidavit with the help of Annexure-B, the order of posting of Jyanti Kumari. The other part of grievance of the petitioner that there are still vacancies on the post of Deputy District Mass Media Officer which has still not been filled up, this Court would direct the Director-in-Chief of the Health Services to look into this aspect for considering promotion of the petitioner if she is eligible. Such exercise will be completed by the Director-in-Chief within a period of six months from the date of receipt/production of a copy of this order. It however goes without saying that when this Court had directed for considering the case of the petitioner, the respondent authorities will be under obligation to consider the cases of all similarly situated persons and would grant promotion to the deserving persons who fulfilled the criteria for the post strictly in accordance with the principle of seniority-Cum-merit. With the aforementioned observations and directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)