MANIK CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing of the office order dated 25.3.2003, contained in Annexure 5, whereby and whereunder the date of first time bound promotion granted earlier with effect from 10.10.1983 has been sought to be modified and 11.1.1992 has been fixed as the date of first time bound promotion and, further, as a consequence thereof, the second time bound promotion granted to him with effect from 15.1.1991 has been cancelled and order for recovery has been passed, vide Annexure 6, the validity of which has been challenged in LA. No. 4045 of 2005.

(2.) The reason for modification of the date of grant of first time bound promotion as mentioned in the impugned order is on account of adjustment of the petitioner on the post of Treasury Guard from the post of Khalasi with effect from 11.9.1982. According to the State, the said adjustment was in the higher pay and as such, the petitioner was entitled for promotion on completion of ten years from the date of his adjustment.

(3.) As regards second time bound promotion, the impugned order mentions that in view of the modification in the date of first time bound promotion from 10.10.1983 to 11.1.1992, the petitioner, who did not complete 'Kalawadhi' by 31.12.1995 whereafter the scheme for grant of time bound promotion itself was abolished with effect from 1.1.1996, is not entitled for the same.