Research › Search › Judgment

Patna High Court · body

2000 DIGILAW 917 (PAT)

Sidh Nath Prasad v. State Of Bihar

2000-07-25

SUDHANSU JYOTI MUKHOPADHAYA

body2000
Judgment 1. Heard the parties. 2. As the case required to be determined by the respondents at first instance, it is being disposed of at this stage. 3. The petitioner entered in the services of the State as L.D. clerk on 29.10.1949 and joined in the then Shahabad district. While in service, he stated to have passed Hindi noting and drafting examination as also accounts examination (elementary level). The grievance of the petitioner is that though he was provided with revised scale of pay from time to time but he was not granted any time bound promotion and was allowed to superannuate from service on 31.5.1988. 4. Counsel for the State made preliminary objection relating to delay in filing the writ petition. It was submitted that the petitioner retired from service on 31.5.1988 and has preferred this writ petition in 2000. 5. It is now settled that time bound promotion is not a promotion in the eye of law but amounts to mere grant of higher grade against same post, rank and status, if the petitioner was not granted higher grade on completion of stipulated period of service, by way of time bound promotion, it is the petitioner, who suffered and not the State. The State Government actually took same work from the petitioner as would have been taken on grant of time bound promotion. As it will also not affect any third person, including the seniority, the objection as raised by the counsel for the State is rejected. 6. Accordingly, I remit the matter to the respondents with a direction to consider the case of petitioner for time bound promotion (first and second), if otherwise eligible for the same. 7. A decision in this respect be taken and communicated to the petitioner within a period of three months from the date of receipt/production of a copy of this order. 8. If the petitioner is granted one or other time bound promotion (first and/or second), he will be entitled for consequential benefit of the same, including the arrears of salary and revised retiral benefits. 9. The writ petition stands disposed of, with the aforesaid observations/directions.