RAM YASH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner retired as an accounts clerk from the Minor Irrigation Department. It is the case of the petitioner that he joined his services on 24.1.1962. During his tenure, he was not given any promotion and he was allowed to retire on 13.11.1996. Vide Annexure-3 letter dated 3.4.1998 contained in memo No. 571 issued by the office of the Chief Engineer, Minor Irrigation Department, Patna, it was observed that he would be entitled to first time-bound promotion with effect from 1.4.1981 and second time-bound promotion with effect from 24.1.1987. According to the petitioner, the respondents are obliged to re-calculate everything and fix him in proper pay-scale and make the payment of the pension and other retiral benefits in accordance with those two time-bound promotions.

(3.) The respondents in their counter affidavit have submitted that a clerk in the accounts section was obliged to pass the accounts examination and as the petitioner did not pass the accounts examination he was not entitled to second time-bound promotion. They have relied upon the circular dated 12.8.1992 (Annexure-K to the counter affidavit). They have also relied upon a Full Bench judgment of this Court in the matter of Maheshwar Prasad Singh v. State of Bihar, 2000 (4) PLJR 263.