AMARNATH JHA SON OF CHULHAI JHA Vs. STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE GOVT OF BIHAR PATNA

JUDGEMENT

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

(2.) IN this petition, the petitioner has raised in grievance that he has deprived of the First Time Bound Promotion with effect from 1.4.1981. When he has completed 10 years of service as on 1.4.1981, at the relevant time it was not required to pass any departmental examination. Second grievance of the petitioner is that he has been deprived of two annual increments i.e. 1.4.1984 and 1.5.1985 as he has not allowed to cross efficiency bar even though there is recommendation in his favour. He filed representations and those are still pending.

(3.) LEARNED counsel for the petitioner submits that condition passing of departmental examination for Time Bound Promotion has been considered by this Court in the case of Maheshwar Prasad Vs. State of Bihar judgment reported in 2000 (4) P.L.J.R. 262. In this judgment, the Court considered the aspect of the matter as to whether the person who has not passed the departmental examination and he competed 10 years of service during the period from 1.4.1981 to 29.3.1982 would be entitled to the benefit of Time Bound Promotion.