JAGDISH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has assailed the validity of the order dated 11-12-95 passed by the Director of Industries, Bihar, Patna (respondent No. 4) as well as the order dated 4-1-96 of the General Manager, District Industries Centre (respondent No. 5) whereby and whereunder the benefit of first time- bound promotion of the petitioner in the junior selection grade has been cancelled on the plea that he had not passed the final Accounts Examination and further, as a consequence thereof an order has been passed for recovery of the difference of salary paid to him between 31-8-82 and 24-4-89.

(2.) Heard Mr. Ashok Kumar Dubey, learned counsel for the petitioner and Mr. N.K. Sinha, G.P. 3.

(3.) In short, the relevant facts are that the petitioner joined his service on 31-8-1972 and claims to have worked satisfactorily without any adverse remark throughout his service-career. The petitioner was granted the benefit of first time-bound promotion with effect from 31-8-82 after completion of ten years of his service in the light of the governmental decision. The order of the said first time-bound promotion of the petitioner, which was passed on 23-6-93 has been annexed as annexure 8 to the reply to counter-affidavit, filed on behalf of the petitioner. The petitioner accordingly, drew the difference of salary on account of the said time-bound promotion. It is stated that the General Manager, District Industries Centre, Vaishali, also issued a letter of confirmation in regard to the aforesaid first time-bound promotion of the petitioner, vide letter No. 824 dated 16.8.95 addressed to the Industries Department, Bihar, Patna.