IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9437 OF 2004 RAVINDRA PRASAD SINGH, SON OF LATE SHATRUGHNA PRASAD SINGH, RESIDENT OF VILLAGE PARSAUNI, DISTRICT SUPAUL ………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 3. THE STATE OF LAPROCY OFFICER, HEALTH LEPROCY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, KOSHI DIVISION SHARSA, DISTRICT SAHARSA 5. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, SAHARSA, DISTRICT SAHARSA 6. THE DISTRICT LEPROCY OFFICER, DISTRICT LEPROCY CENTRE, SAHARSA, DISTRICT SAHARSA …………………………………………………………………………..RESPONDENTS ********* 3 06/12/2010 The petitioner is aggrieved by the fact that while other juniors to him have been granted promotion to the post of Medical Social Worker, the petitioner has not been given the same benefit. Annexure-2 is the gradation list of Non-medical Assistants. The petitioner’s name finds place at serial no. 22, which is followed by one Chandra Kishore Shrivastava and Naresh Prasad and others. Apparently, it would appear from Annexure-3 that by order no. 1161 (11) dated 21.09.1982, the first 70 persons in the gradation list of Non-Medical Assistants were promoted as Medical Social Worker. The Notification which is Annexure-3 dated 03.12.1982, does not find the name of the petitioner, although Naresh Prasad is at serial no. 20 and Chandra Kishore Prasad is at serial no. 2 21 of the list. Subsequent to the notification promoting persons juniors to the petitioner, the petitioner was made Incharge as Medical Social Worker and has been performing the duty of the Medical Social Worker vide Annexure-6 and Annexure-8. No counter affidavit has been filed on behalf of the State, although this writ application was filed in the year 2004. I, therefore, direct that the Director-in-chief, Health Services, Government of Bihar, Patna to consider the case of the petitioner on a representation being filed by the petitioner within a period of eight weeks from the date of receipt of a copy of this order and to dispose of the said representation within a period of three months thereafter by a reasoned order. In case, it is found that the name of the petitioner has been left in the notification issued vide Annexure-3 by mistake, steps should be taken immediately to remedy the notification and the petitioner should be treated to be promoted from the date on which Annexure-3 was issued and persons juniors to the petitioner were promoted. The petitioner would also be entitled of all the benefits for the purpose of fixation of scale or for the purpose of payment of retiral dues and would also be 3 entitled to consequential benefits including increment of salary etc. In the mean time, the notifications issued vide Annexure 1 and 1/A where the petitioner has been asked to work as Non-Medical Assistant shall remain stayed. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )