BHAGWAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order as contained in memo dated 26th July 2003 (Annexure-4), whereby it has been directed that for the purpose of time bound promotion the date on which the petitioner had acquired the graduate trained qualification shall be reckoned. Petitioner's prayer is for grant of time bound promotion taking into account the date of his joining as Assistant Teacher on 19.10.1969.

(2.) Short facts giving rise to the present application are that the petitioner was appointed as Assistant Teacher and joined as such on 19.10.1969. Petitioner at the time of his joining possessed the qualifications of Bachelor of Arts and Master of Arts which examinations he passed in the year 1962 and 1964 respectively. Taking into account his date of joining as 19.10.1969 he was given the benefit of first time bound promotion with effect from 1.4.1981. The grant of first time bound promotion was found to be irregular in the adult report and accordingly, by order dated 10.7.1999 the direction was issued to recover the excess amount paid to the petitioner.

(3.) Petitioner aggrieved by the same preferred CWJC No. 3026 of 2000, Bhagwan Bhagat v. State of Bihar and Ors. before this Court inter alia contending that as he was appointed on 19.10.1969 he was rightly given the first time bound promotion taking into account the date of his initial appointment. This Court found that the case of the petitioner to be covered by the decision of this Court in the case of Bharat Prasad Chourasia v. State of Bihar, 2002(1) PLJR 329, particularly paragraphs 13 and 14 of the judgment and accordingly allowed the writ application and directed the Director. Secondary Education to consider the claim of the petitioner afresh in the light of the judgment of this Court in the case of Bharat Prasad Chourasia (Supra).