AMBIKA PANDEY SON OF LATE RAMJAG PANDEY, RESIDENT OF VILLAGE-BADIHA, P.S.-INDRAPURI, DISTRICT-ROHTAS Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SINCHAI BHAWAN, PATNA & ORS.

JUDGEMENT

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

(2.) The petitioner is aggrieved by the orders dated 2.7.2011/20.10.2011 issued by the Secretary (Technical)-cum-Public Information Officer in the office of the Chief Engineer to the extent that it denies first time bound promotion from another date claiming it to be admissible from 20.8.1985 in accordance with the revised pay scale. The petitioner is further aggrieved by the date for grant of second time bound promotion in a lower pay scale as communicated by order dated 19.10.2011.

(3.) Learned Counsel for the petitioner submits that he was appointed in the work charge establishment on 23.12.1970 and brought into regular establishment on 20.8.1985. The period spent in the work charge establishment has to be counted for purposes of time bound promotion as mentioned in the Government instruction dated 27.3.1987. He next submits that in CWJC No, 9714 of 2002* it has been held that any assignment of higher responsibility in the work charge establishment itself does not amount to promotion depriving consideration for time bound promotion. Apart from the same reliance is placed on the orders of the Court 2006(3) PLJR 21 and 2012(1) PLJR 129. The submission therefore is that he is eligible for first time bound promotion from 20.8.1985 in the pay scale of Rs. 400-540/- (as revised from time to time) and for second ACP in the appropriate scale thereafter from 23.12.1995. The respondents have wrongly granted him first ACP from 9.8.1999 and second ACP from 10.10.2005.