IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 2904 of 2005 RAM SAKHI DEVI Versus THE STATE OF BIHAR & ORS ----------- 03. 18.03.2011 No one appears for the petitioner. Counsel, appearing for the State, is present. Petitioner in this Writ Application is widow of Late Harihar Das, who was appointed to the post of Clerk in the District Registration Office at Muzaffarpur on 30.05.1962 and superannuated from the service on 30.11.2000 from Muzaffarpur. Petitioner’s husband, while in service as well as after retirement, made several representations for grant of second time-bond-promotion and consequential monetary benefits, but the same was not considered. After retirement, Harihar Das, petitioner’s husband, died on 11.12.2003. Thereafter, petitioner personally met the Respondent Authorities for grant of second time-bond-promotion and all consequential monetary benefits as well as fixation of her family pension in the higher scale, but it was not done. As such, finally, she had filed this application for a direction to the Respondents to give second time-bond-promotion to her husband with effect from 1987 as well as all consequential benefits 2 attached with the time-bond-promotion. Her prayer is also for re-fixation of family pension on account of grant of second time-bond-promotion to her husband. Counter Affidavit has been filed on behalf of Respondent Nos. 2, 4 and 5, where all statements made by the petitioner in the Writ Application have almost been admitted and the reason for not granting second time-bond-promotion to the petitioner’s husband has also been mentioned. As per the Counter Affidavit, the first time- bond-promotion was granted to the petitioner’s husband. So far second time-bond-promotion is concerned, the State Government vide Resolution No. 660, dated 08.02.1999 abolished the promotional scheme. With effect from 01.01.1996 a new promotional policy, based on promotion against need based, identified posts was adopted and implemented. Old scheme of time-bond-promotion was abolished with effect from 01.01.1996. Under the new ACP scheme, the first ACP shall be sanctioned by the end of 12 years of service and sanctioned next higher scale and the second ACP at the end of 24th year of service, in case the employee 3 fails to get promotion against the need based promotional post in the higher scale. So far the case of the petitioner’s husband, it has been stated that the Secretary-cum-I.G. Registration decided to dispose of all such pending matters at the headquarter level by Establishment Committee, constituted under the Chairmanship of Secretary- cum-I.G. Registration himself. A resolution was issued vide Departmental letter no. 836, dated 10.04.2003 to all Collector-cum-District Registrars and vide Departmental Order No. 343, dated 07.02.2007, the husband of the petitioner, Late Harihar Das and other had been promoted against the need based post of Head Clerk on the pay-scale of Rs. 4500-7000/-. The financial benefits shall be payable with effect from 01.04.1997 and all arrears was also decided to be paid to the petitioner accordingly. Her family pension was also decided to be revised and all due / arrears to be paid accordingly. It has also been stated that when the promotion under ACP scheme is disposed of, all pending time-bond-promotion of Clerks including the petitioner’s husband shall also be taken up. This Counter Affidavit had been filed in the 4 year 2007. Four years have passed. It is presumed that petitioner must have received, by now, all financial benefits, on account of grant of ACP and time-bond-promotion. Her family pension also must have been re-fixed in the higher scale and all financial benefits, accrued thereof, have been paid to her. Presuming the worst that she has not been paid financial benefits, the Respondents are directed to make payment of all financial benefits on account of giving time-bond-promotion and ACP to her husband and fixation of her family pension on account of its re-fixation in the higher scale within eight weeks from the date of production / communication of the Order. In case all payments have been made, this direction will automatically loose its relevance. With the aforesaid observations, this Writ Application is disposed of. SKM (Mridula Mishra, J.)