CIVIL WRIT JURISDICTION CASE No.1613 OF 1993 SMT.URMILA SAHAY-------------------(Appellant) Versus STATE & ORS----------------------(Respondents) --- For the Petitioner : Mr. Shyama Prasad Mukherjee & Mrs. Anjana Mishra. For the Respondent : Mr. V.M.K. Sinha,SC-III.& Mr. Harshwardhan Prasad, J.C. to S.C. III. P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH AND THE HON’BLE MR. JUSTICE C.M. PRASAD J U D G M E N T Barin Ghosh & C.M. Prasad, JJ. The present writ petition was filed originally by Sri Bishwanath Sahay, who is hereinafter referred to as the “Original petitioner”. Upon his death during the pendency of the writ petition, his wife has been substituted as the petitioner. In the present writ petition, the grievance of the original petitioner was that he was senior to Sri Sarju Prasad but when Sri Sarju Prasad was brought within the ambit of Super Time Scale by grant of promotion to the post of Senior Joint Commissioner, for no just reason, the case of 2 the original petitioner was not considered. It was also the case of the original petitioner that when Sarju Prasad was promoted to the post of Additional Commissioner, again a post created for the purpose of availing of super time scale, the case of the original petitioner was not considered. We have dealt with a similar grievance in a Judgment rendered by us Yesterday i.e. on 19th May, 2008, in C.W.J.C. No. 12518 of 1992. In the event the original petitioner was senior to Sri Sarju Prasad at the time of entrance into the service and remained senior to Sri Sarju Prasad immediately before Sri Sarju Prasad was accommodated in the Super time Scale attached to the post of Senior Joint Commissioner, then the case of the original petitioner is fully covered by the Judgment rendered by us in the aforementioned case, where we have held, citing the decision of the Government and also the governing principle, that in the matter of grant of Super Time Scale, reservation policy had no application. We, therefore, dispose of this writ petition with a direction upon the respondents to consider the case of the petitioner also in the light of the Judgment rendered by us 3 in C.W.J.C. No. 12518 of 1992 on 19th May, 2008 and to grant to the original petitioner promotion to the post of Senior Joint Commissioner and Additional Joint Commissioner from the date Sri Sarju Prasad was granted the same, provided the Original petitioner was senior to Sri Sarju Prasad from the date they entered the service and until Sarju Prasad was promoted to the post of Senior Joint Commissioner. In the event, it transpires that the original petitioner is entitle to such promotion, let the benefit of such promotion be made available to the present petitioner. This disposes of the writ petition. Patna High Court, 20th May, 2008, S.B.P. (Barin Ghosh, J.) (C.M. Prasad, J.)