Judgment S.J.Mukhopadhaya, J. 1. The petitioner, a work charge employee in PHED, moved before this Court for direction on the respondents to consider his case for absorption/regular appointment in regular establishment and for promotion to next higher grade, on time bound promotion, in terms with government decision. 2. The brief fact of the case shows that the petitioner, an Ex-Army personnel, was appointed treasure Guard (Bhandar- Prahari) on daily wage basis for a period of three months by order dated 24th November, 82, in the work charged establishment. Subsequently, he was appointed in the regular scale of pay, against the said post on 25th July, 85, in the said work charged establishment. Till date he having not taken in the regular establishment, preferred the present writ petition. 3. The respondents in their counteraffidavit has opposed the prayer; according to them in terms with circulars issued by the State the work charge employee who had completed 5 years of service on 21st October, 84 are to be taken in regular establishment in terms with policy/guideline of the State. The petitioner having not completed 5 years of service on 21st October, 84 is not entitled for such benefit. 4. Reliance was placed on circular No. 1503 dated 27th March, 87 to show that the services rendered in the work charged establishment cannot be counted for time bound promotion. Submission made on behalf of the respondents that in terms with aforesaid circular if the period rendered in the work charged establishment cannot be counted for time bound promotion, the employees working in the work charged establishment cannot claim benefit of time bound promotion. 5. Admittedly, in the respondents State there is one work charged establishment and another regular establishment, in its works department, including PHED. Circulars have been issued from time to time relating to condition of services of work charge establishment employees, including the manner in which they are to be taken in the regular establishment. 6. State Government from its finance department initially issued memo No. 1344 dated 4th February 49, laying down the condition of services of employees of the work charge establishment, which reads as follows:- (See Malhotras Bihar PWD Code, Page, 137) Vide F.D. Memo No. 1344 dated 4.2.1949. "Subject Revised condition of service of work-charge establishment. 6. State Government from its finance department initially issued memo No. 1344 dated 4th February 49, laying down the condition of services of employees of the work charge establishment, which reads as follows:- (See Malhotras Bihar PWD Code, Page, 137) Vide F.D. Memo No. 1344 dated 4.2.1949. "Subject Revised condition of service of work-charge establishment. "The existing distinction of service of work-charged establishment temporary and permanent establishment and daily labour as given in the PWD Code and PWD Accounts Code will be maintained but the conditions of service of work-charged establishment will henceforth be indentical with those of temporary Government servants. The post of work-charge establishment which are of permanent nature, that is required for 12 months in the year and for long and indefinite period will be made permanent and included in the permanent establishment and the men employed on these posts having one years approved service will be included amongst permanent Government employees. Details in this connection are being worked out and till this is done the conditions of service applicable to temporary government servants will apply to all work-charged posts". 7. The aforesaid circular deemed to be a rule under proviso to Article 309 of the Constitution of India made in pursuance of State Governments resolution as shown hereunder:- Bihar Gazette P.T. 2(H)- No. 17 dated 26th April, 1950 Political and Appointment Department Notification dated 15th April, 1950 No. 355-3L- 27/50A. "In exercise of the power conferred by the proviso to Article 309 of Constitution of India, the Governor of Bihar is pleased to make the following rules, namely : "All enactments, rules and orders, which are made under any enactment or otherwise, which regulated the recruitment and condition of services of persons appointed through public services and posts in connection with the affair which are not the affair of the State of Bihar and which were enforced immediately before the 26th January, 50, shall, untill provision is made by or under any Act of the State legislature to regulate such recruitment and conditions of service, be enforced as if they had been made by virtue of the power under the said proviso". By the order of the Governor of Bihar sd/L. P. Singh Chief Secretary. 8 The State Government thereafter, has not come out with any other rule, superseding the aforesaid one and merely issued circulars from time to time. By the order of the Governor of Bihar sd/L. P. Singh Chief Secretary. 8 The State Government thereafter, has not come out with any other rule, superseding the aforesaid one and merely issued circulars from time to time. A circular having memo No. 3058 dated 22nd February, 84 was issued by the State Govenment (See Malhotras PWD Code, page 164) and decision was taken to absorb work charged employees in the regular establishment, on conversion of the post in the regular establishment, if the work charge employee completed 5 years of satisfactory service and no criminal or departmental proceeding is pending. It was followed by other circulars issued from time to time. 9. So far as scale pay is concerned, admittedly, the work change employees are provided same scale of pay that of an employee working in the regular establishment. Pay revision made from time to time had been made applicable to the work charge employees. 10. The policy of time bound promotion was laid down by the State Government for the first time when 4th Pay Commission recommendation was adopted vide resolution No. 3/81/F/10770 dated 30th December, 81. While clause 11 of the said resolution stipulates the policy of time bound promotion, clause 12 stipulates that the benefits of revised scale of pay is also admissible to the members of work charge employees. The said resolution has not been made applicable only in respect of those employees who are engaged on contract basis as evident from clause 13 therein. The Extract of the relevant portion of the resolution dated 30th December, 81 clause 11, is shown hereunder: (11) "With regard to time-bound promotion, the Fourth Pay Revision Committee have made the following recommendations:- (i) Personnel management should envisage providing atleast two promotions to each and every employee in Government Service the first by the end of ten years of service and the second by the end of 35 years of service. (ii) If an employee who is otherwise fit for promotion and has not been able to get a single promotion by 10 years of service notwithstanding the fact that a specified percentage of the cadre is already provided in the different levels of promotion inclusive of the selection grade, he should be promoted to the junior selection grade at the end of the tenth year. (iii) If an employee, although otherwise found fit for a second promotion, has not been able to secure a second promotion by the 25th year of his service notwithstanding the fact that a specified percentage of the cadre is already provided in the different levels of promotion inclusive of the selection grade, he should be promoted to the senior selection grade at the end of the 25th year. (iv) The aforesaid facilities should be extended to all employees whether they belong to any formally constituted service or cadre, or not and including employees holding isolated posts. In their case, the pay scale immediately higher than the pay scale prescribed for the basic post should be considered as the pay scale for the junior selection grade, and the pay scale immediately higher to that of the aforesaid junior selection grade should be deemed to be the pay scale of the senior selection grade. (12) The benefit of the Revised scales of pay are admissible to the members of work-charged establishment and to contigent staff in whole-time employment and holding posts in the time scales of pay. (13) These orders will not apply to Government servants engaged on contract basis except where the contract provides otherwise and also those not in whole-time employment." 11. From the discussion made above, it will be evident that the statutory rule under proviso to Article 309 of (No. 1344 dated 4th February, 49) still holds good and is applicable to the employees of work charged establishment. In terms with aforesaid statutory rule the condition of services of employees of work charged establishment is identical to those of temporary government servants. The aforesaid statutory rule also stipulates that the posts which are permanent in nature; there being requirement for 12 months in calendar year and continuing for long and indefinite period is required to be included in the permanent establishment, with the incumbents of the posts, having one year of approved service. The Finance Department resolution dated 30th December, 81 (clause 11 therein), relating to time bound promotion having made, adopted and applicable for employees of work charged, establishment by virtue of the statutory rule, dated 4th February, 49. Thereby, the respondents cannot deny the petitioner or other work charged employees, who fulfill the requisite condition, the benefits of time bound promotion. The Finance Department resolution dated 30th December, 81 (clause 11 therein), relating to time bound promotion having made, adopted and applicable for employees of work charged, establishment by virtue of the statutory rule, dated 4th February, 49. Thereby, the respondents cannot deny the petitioner or other work charged employees, who fulfill the requisite condition, the benefits of time bound promotion. This apart, in terms with statutory rule dated 4th February, 49 the post of work charged establishment which are permanent in nature are to be taken in the regular/permanent establishment along with incumbents holding the posts having satisfactory services and against whom no criminal or departmental proceeding is pending. 12. Accordingly, I direct the respondents to consider the case of petitioner for his absorption/conversion in the regular/permanent establishment, if necessary, on conversion of the post against which he is functioning, petitioner having completed 16 years of service. 13. The respondents are also directed to consider the case of petitioner for time bound promotion from the date he completed 10 years of service, in terms with resulution dated 30th December, 81, if no promotion granted in the meantime. A decision in this respect be taken and communicated to the petitioner within a period of six months from the date of receipt/production of a copy of this order. The petitioner will produce a copy of this order before the Secretary, PHED, Patna; Engineer-in-Chief,PHED, Patna; Regional Chief Engineer, PHED, Ranchi and his controlling officer who are to ensure compliance. The writ petition stands disposed of with aforesaid observation and direction.