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2011 DIGILAW 316 (PAT)

Harendra Baitha v. State Of Bihar

2011-02-25

SHEEMA ALI KHAN

body2011
JUDGEMENT 1. The petitioner was working as an Assistant Teacher and retired from Babul Banna, Anchal Lalganj, District Vaishali on 30.4.2010. The writ application has been filed for grant of first and second time bound promotion which became due to the petitioner on 1.3.1985 and 1.3.1999 respectively. The main grievance of the petitioner is that despite the fact that he had made several representations to the concerned authorities, no decision was taken with respect to grant of time bound promotion. 2. Counsel for the State submits that although the promotion was allegedly due from 1985 and 1999, the petitioner did not take any steps to remedy the grievances by filing a writ application in this Court. The present writ application has been filed in 2005 after a great delay and, therefore, should be dismissed on this ground alone. 3. Learned counsel for the petitioner refers to a judgment passed in the case of Amrendra Kumar Singh V/s. The State of Bihar & Ors, reported in 2008 (4) PLJR 592 (DB) in which the Court has considered the question of delay in filing a writ application seeking grant of first and second time bound promotion. The Division Bench has held that since the grant of time bound promotion is a condition of service the writ application could not be dismissed on the ground of delay. 4. I accordingly, direct that the Director, Primary Education should call for the service records of the petitioner from the District Superintendent of Education, Vaishali and after considering whether the petitioner is entitled for grant of time bound promotion, pass appropriate orders within a period of six months on receipt of a copy of this order. The petitioner may file a representation before the Director, Primary Education enclosing all the documents on which he proposes to rely for the purposes of showing that he is entitled to grant of time bound promotion, within a period of six weeks on receipt of a copy of this order. If in case the Director, Primary Education finds that the petitioner is entitled for the said benefits, appropriate order for making payment to the petitioner should be passed by the Director, Primary Education and be implemented by the District Superintendent of Education, Vaishali. 5. This writ application is disposed of with the aforesaid directions.