RAM SWARUP PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, petitioner, in fact, is aggrieved by the order, contained in Annexure 3, whereby his claim for second time bound promotion has been rejected.

(2.) Bare perusal of Annexure 3 shows that the petitioner was initially appointed as Amin on 2.2.1965. Later, he on promotion to the post of 'Parimapak' (surveyor) was given higher scale of Rs. 1320-2040/- with effect from 1.1.1986. As such, his said claim has been rejected on the ground that the said benefit could have been available to him, if he would have been continuing on his initial post of Amin.

(3.) Learned counsel for the petitioner has submitted that as per provision laid down in the Government resolution dated 30th December, 1981, a Government servant is entitled for two promotions; first by the end of 10 years of service and the second by the end of 25 years of service. If he is otherwise fit for promotion and has not been able to get a single promotion by 10 years of service notwithstanding the fact that a specified percentage of the cadre is already provided in the different levels of promotion inclusive of the selection grade, he is to be promoted to the junior selection grade at the end of the tenth year. Sub-clause (iii) of Clause 11 provides that if an employee is otherwise fit for second promotion and has not been able to secure second promotion by the 25th year of his service notwithstanding the fact that a specified percentage of the cadre is already provided in the different levels of promotion inclusive of the selection grade, he should be promoted to the senior selection grade at the end of 25th year. Sub-clause (iv) provides that the aforesaid facility should be extended to all employees whether they belong to any formally constituted service or cadre, or not and including employees holding isolated posts. In their case, the pay scale immediately higher than the pay scale prescribed for the basic post is to be considered as the pay scale for the junior selection grade, and the pay scale immediately higher to that of the aforesaid junior selection grade would be deemed to be the pay scale for the senior selection grade. However, the said scheme is not applicable to services, cadres and posts of which the maximum of the pay scale of the basic grade exceeds Rs. 2,000/-. The other conditions, Rules and procedures meant for usual promotion are to be followed in case of the aforesaid time bound system also. Sub-clause (vii) however, provides that the aforesaid scheme meant as an anti- stagnation measure, it should be applicable in case of only such employees who have not been able to get the first or the second promotion, as the case may be. The Scheme is obviously not intended to deny any employee earlier promotion that comes in his favour in the usual course. As per the Government decision the benefit of time bound promotion is to be allowed to eligible employees only after first exhausting the possibility of accommodating such employees against the vacancies available in the selection grade.