HARENDRA BAITHA Vs. STATE OF BIHAR

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, 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.