KALANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the prayer on behalf of the petitioner is to quash office order of the Chief Engineer, Rural Development Special Zone, Patna, contained in Memo No. 354 dated 17.3.2001 (Annexure 4), whereby due second time bound promotion has been given to him with effect from 13.1.1984 but the financial benefit has been given with effect from 12.12.2000 and also for directing/commanding the respondents to give financial benefits with effect from 13.1.1984 and, further, to give super selection grade promotion and fix his salary on 31.12.2000-i.e., date of superannuation of the petitioner, as well as to make payment of arrears of salary.

(2.) By filing I.A. No. 3234 of 2003 the petitioner has also prayed for quashing of the order, contained in Annexure-5, whereby and whereunder second time bound promotion given to him with effect from 13.1.1984 has been cancelled on the ground that he has been given exemption from passing of the departmental accounts examination by the Commissioner on 12.12.2000 i.e., after 1.1.1996 on which date the benefits of the time bound promotion were abolished.

(3.) Learned counsel for the petitioner has submitted that since the petitioner was granted first time bound promotion with effect from 1.4.1981 i.e. before 1.9.1983, his case will be governed by the Government decision contained in Letter No. 4178 dated 12.8.1992. According to which, once Clerk is given promotion by relaxing requirement for passing the accounts examination, he will not be deprived of future promotions on the plea that he had not passed the required examination, of course, subject to fulfilment of other conditions. Learned counsel submitted that in the present case the stand of the State is not that the petitioner did not fulfil other conditions. The only stand of the State is that since the relaxation was granted by the Commissioner on 12.12.2000 i.e. after 1.1,1996 on which date the benefit of time bound promotion were abolished, the second time bound promotion given to him with effect from 13.12.1984 was bad and, as such, recovery has been Ordered to be made vide Annexure-5.