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2009 DIGILAW 1395 (JHR)

Nalani Kumar Mandal v. State of Jharkhand

2009-11-07

AMARESHWAR SAHAY

body2009
Judgment This writ application was filed in the year 2003 and when it was listed for admission on 11/07/2003, it was directed to the State to file counter affidavit and the petitioner was also directed to file supplementary affidavit about the fact that he did attempt a number of times but failed to compete in the accounts examination. It appears that the supplementary affidavit was already been filed by the petitioner on 28/07/2003 but the counter affidavit, as directed by this Court, has not been filed by the State as yet. Today nobody appears on behalf of the State, therefore, the writ petition, which is pending for the last more than six years it is high time that it should be disposed of on its own merit on the basis of the averments made in the writ petition without waiting any further for the counter affidavit. The prayer of the petitioner is for direction to the respondents to grant him the benefit of second time bound promotion w.e.f. 01/10/1990 on the basis of 4th pay revision commission’s report as well as to pay his arrears of salary. According to the case of the petitioner, he joined the service on 15/09/1965 as Office Assistant and his date of birth is 29/07/1943. On attaining the age of 58 years he retired from service on 31/07/2001 as Office Assistant in the office of Superintendent of Excise, Deoghar. Further, according to the petitioner, he was granted first time bound promotion w.e.f. 01/10/1981 after completion of more than 10 years of continuous service. It is stated that the petitioner became entitled to get the benefit of second time bound promotion on completion of 25 years of continuous service w.e.f. 01/10/1990. The claim of the petitioner is that he also appeared in the departmental examinations held on 23/07/1978, 24/02/1980, 08/08/1982, 14/07/1985 and lastly on 29/10/1990 but unfortunately he could not pass in any of the said departmental examination. The claim of the petitioner is that he also appeared in the departmental examinations held on 23/07/1978, 24/02/1980, 08/08/1982, 14/07/1985 and lastly on 29/10/1990 but unfortunately he could not pass in any of the said departmental examination. Further according to the petitioner, for grant of second time bound promotion his case was recommended by the Superintendent of Excise by issue of letter contained in Annexure-2/A dated 19/06/1996, wherein it is mentioned that though the petitioner was given the benefit of first time bound promotion but he has not been given the benefit of second time bound promotion till date since he has not passed the departmental examination but now he has completed the age of 50 years and, therefore, he is entitled to get the benefit of second time bound promotion on the basis of the circular and orders issued by the Government of Bihar contained in circular No. 11925 dated 21/06/1978. It was further stated that the service of the petitioner was also found to be satisfactory. Further claim of the petitioner is that in spite of the order dated 13/06/2001 passed by this Court in WPS No. 2364/2001, he has not been paid the arrears of salary amounting to Rs. 33,762/-in spite of the fact that by issue of Annexure-4, i.e. a letter dated 13/11/2001, the Superintendent of Excise, Deoghar made a request to the Deputy Commissioner, Department of Excise, Jharkhand, Ranchi for allotment of necessary funds for payment of the aforesaid arrears of salary amounting to Rs. 33,762/-to the petitioner, but no fund has been allotted. These facts have not been controverted by the respondents by filing any counter affidavit. In view of the facts stated above as well as from perusal of the Annexure-2/A recommending the case of the petitioner for grant of second time bound promotion, in my view, the petitioner has been able to make out a case for the relief as claimed by him in this writ petition. Accordingly, this writ petition is allowed. The respondents are hereby directed to give the benefit of second time bound promotion to the petitioner from the date he is entitled to the said promotion and he should also be paid his arrears of salary amounting to Rs. 33,762/-, which is due to him. Accordingly, this writ petition is allowed. The respondents are hereby directed to give the benefit of second time bound promotion to the petitioner from the date he is entitled to the said promotion and he should also be paid his arrears of salary amounting to Rs. 33,762/-, which is due to him. All necessary steps must be taken by the concerned respondents so that the petitioner may get the benefit as directed above within a period of eight weeks from the date of receipt/production of a copy of this order. The writ petition stands allowed with above observation and direction but no order as to cost.