NARENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner was first appointed in the work charged establishment on 10.9.1973. He was subsequently brought into the regular establishment on 12.10.1981 on the post of Correspondence Clerk. First time bound promotion then followed with effect from 1.5.1984: The petitioner continued to receive his salary alongwith increments and pay revision till the issuance of a show cause notice nearly 23 years later on 14.8.2007 as to why the period spent in the work charged establishment should not be taken into consideration for time bound promotion and his date of first time bound promotion be refixed from 12.10.1981 making him eligible for the same from 20.10.1991. Since he had not cleared the departmental accounts examination he was not eligible for the promotion from the latter date also.

(3.) The petitioner replied to the same when final orders have been passed on 2.11.2007 for cancellation of his first time bound promotion and directing recovery. The petitioner is stated to have superannuated on 31.7.2008. Prior thereto an order had been issued on 17.4.2007 by the respondents exempting him from passing the departmental Accounts examination.