LAXMAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for a direction to the respondents to modify the effective date as 14.09.2001 instead of 28.08.2009 for the purpose of exemption from passing departmental examination for grant of time bound promotion in the order contained in Memo No. 1615 dated 03.06.2010 issued under the signature of the Director, Science and Technology Department, Bihar, Patna as contained in Annexure-1; for quashing the order vide Memo No. 1394 dated 14.08.2010 issued under the signature of Principal, Muzaffarpur Institute of Technology (hereinafter referred to as "MIT"), Muzaffarpur, as contained in Annexure-2, by which the petitioner has been directed to deposit an amount of Rs. 98,290/- which has been paid to the petitioner due to wrong pay fixation of pay of the petitioner; and for connected reliefs.

(3.) The short facts, according to the petitioner, are that he was initially appointed on a Class IV post on 22.12.1976 in Muzaffarpur Institute of Technology, Muzaffarpur and was promoted on a Class III post of Clerk on 01.09.1980 under Extension Scheme. First time bound promotion was granted to the petitioner upon completion of ten years of service on 01.09.1990 with the condition that he would pass the accounts examination within two years. It is submitted that the petitioner passed the preliminary accounts examination but failed to pass the final accounts examination in 1991 after having appeared in the examination. Subsequently, the Government of Bihar issued letter No. 4674 dated 15.05.1992 in connection with exemption from passing accounts examination in the case of Government employees attaining 50 years of age.