IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10423 of 2004 RUKMINI DEVI, WIFE OF LATE RAGHUBANSH KUMAR SINGH, RESIDENT OF L-1/26, S.K. PURI, BORING ROAD, PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. MAGADH UNIVERSITY, BODH-GAYA, THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH-GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA. 4. BIHAR STATE UNIVERSITIES (CONSTITUENT COLLEGES), COMMISSION, KRISHNAPURI, PATNA THROUGH ITS SECRETARY. 5. THE CHAIRMAN, BIHAR STATE UNIVERSITIES (CONSTITUENT COLLEGES) COMMISSION, KRISHNAPURI, PATNA. 6. THE SECRETARY, BIHAR STATE UNIVERSITIES (CONSTITUENT COLLEGES) COMMISSION, KRISHNAPURI, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS ******** 6 1.3.2011 I.A. No. 5832 of 2005 The petitioner died during the pendency of this writ application on 15.6.2005 and is survived by his wife Rukmini Devi who has filed this application for substitution. The interlocutory application is allowed. The office is directed to expunge the name of the petitioner and substitute the name of his wife. The petitioner subsequently substituted by his wife have prayed that late Raghubansh Kumar Singh may be granted promotion to the post of Professor under the 2 time bound statute dated 24.12.1986. It is prayed that the promotion, would be notional, in view of the fact that late Raghubansh Kumar Singh had superannuated and later died, during the pendency of the writ application. A counter affidavit has been filed on behalf of the University not at all addressing the issue of grant of promotion rather speaks of grant of retiral dues of the petitioner. The facts shortly stated are that the petitioner was working on temporary basis in A.N. College, Patna and was later made permanent on 9.12.1971. It is submitted that he has worked for 25 years and has not been given any promotion which was due to him. It is also stated that he has obtained Ph.D. degree and is duly qualified to be considered for the post of Professor. I accordingly, direct the Vice- chancellor of the Magadh University to consider/recommend the case of the petitioner in accordance with the amended statutes within a period of four months on receipt of a copy of this order. The 3 petitioner is directed to file representation giving details of his claims along with a copy of this order before the Vice-chancellor of the Magadh University. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)