PARAS NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has superannuated from the post of Accountant on 31.1.2002.

(2.) This application has been filed by the petitioner for directing the respondents to grant him second time bound promotion in the pay scale of Rs. 1640-2900/- with effect from 25.5.1987 which was due to him as per the policy decision of the State Government on compietion of 25 years of service. Further prayer of the petitioner is for providing him all consequential benefits including monetary benefits with effect from 25.5.1987.

(3.) The petitioner was appointed as Junior Accounts Clerk on 25.5.1962, by the Superintending Engineer, Water Works Circle, Ranchi. He was confirmed against the said post on 1.3.1970. He was promoted to the post of Senior Accounts Clerk by order dated 8.12.1972 and he gave his joining on this post on 12.12.1972. The post of Junior and Senior Accounts Clerk merged as per policy decision of the State Government with effect from 1.5.1980. The State Government framed a policy for giving first and second time bound promotion to the Government employees on completion of ten years and 25 years of their service by Resolution No. 10770 dated 30.12.1981. In case no promotion is given to an employees during entire service career, in order to remove stagnation, provision was made for giving time bound promotion with effect from 1.4.1981. This resolution was taken on the basis of recommendation of the fourth pay revision committee. Initially under the policy decision time bound promotion had no application in cases of such employees who after joining Government service have been elevated to higher pay scale by promotion, merger. This restriction was subsequently removed by resolution of the Finance Department dated 30.12.1981. This resolution provided that though the scheme of time bound promotion will come into effect from 1.4.1981 and the pay fixation would be made from 1.4.1981, but payment will be made from 1.4.1985. Subsequently by another resolution of the Finance Department dated 4.8.1987 this restriction was also removed and the actual benefits accruing out of time bound promotion was made effective with effect from 1.4.1981 itself.