IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12801 of 2003 05. 09.01.2009 Dr. Arun Kumar Mishra, son of late J. N. Mishra, Retired Civil Surgeon, Patna, resident of Road No.6, Rajendra Nagar, Patna-16. --------------------- Petitioner Versus 1. The State of Bihar. 2. Commissioner-cum-Secretary, Health, Bihar, New Secretariat, Patna. 3. Director-in-Chief, Health Service, Patna. 4. Additional Secretary, Health Medical Education and Family Planning Department, Govt. of Bihar, Patna. 5. Joint Secretary, Health Medical Education and Family Planning Department, Govt. of Bihar, Patna. 6. Accountant General, Bihar, Patna. ------------------ Respondents During the pendency of the writ application the departmental proceeding initiated against the petitioner has concluded and petitioner has been exonerated of the charges. It is also borne out from a perusal of annexure-6 that pension and gratuity has been ordered to be released in favour of the petitioner and thus to that extent the initial grievance of the petitioner has been redressed. Learned counsel for the petitioner now has yet another submission to make based on a notification No. 140(3) dated 20.2.2007 that certain juniors to the petitioner have been given benefit of promotion and monetary benefit and the same has been denied to the petitioner due to pendency of the departmental proceeding. He wants the respondent State authorities to now consider his claim for promotional benefit in the different pay scales as indicated in para 7 - 2 - of the supplementary affidavit. Since the ambit of the writ application initially filed did not include this relief the Court is not inclined to pass a decisive order but liberty is granted to the petitioner to approach the competent authority to lodge his claim in this regard and establish his claim for revision in the pay scales by virtue of such promotion granted to the juniors. The writ application stands disposed of with the above liberty. rkp (Ajay Kumar Tripathi, J)