MOST.LAKSHMI DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Shashi Shekhar for the petitioner, Mr. Rajesh Kumar, learned junior counsel to Additional Advocate General No. VI, and Mr. P.K. Rajgrihar for the Accountant General. The petitioner 'slate husband (Dr. Hari Krishna Dwivedi) was in the services of the Bihar Government. She seeks grant of first time -bound promotion and the second time -bound promotion to the late employee, and the money benefits flowing thereto may be paid to the petitioner in the capacity of his widow and the legal heir. The petitioner also prays for quashing of the order dated 30.3.2000 (Annexure -3), whereby the order dated 12.7.1997 (Annexure -2), granting second time - bound promotion, has been recalled.

(2.) ACCORDING to the writ petition, the employee was appointed as a Touring Veterinary Officer in the services of the Bihar Government on 10.10.1960, which was a Class -III post. He was confirmed with effect from 20.2.1962. He was given the selection grade pay scale of Rs. 455 -840/ -, of the Bihar Animal Husbandry Class -III, with effect from 1.1.1976. He was promoted to the Bihar Animal Husbandry Service Class -II (junior branch) with effect from 24.4.1978. The cadres of Class -II (junior) and Class -II (senior) were merged and the petitioner was granted the benefit of merger, vide letter No. 958, dated 5.2.1983, in the higher pay -scale of Rs. 510 -1155/ -. In view of the position that he had already been given the Class -II (senior) branch in the pay scale of Rs. 2200 -4000.00 (unrevised), he was given the revised/replacement pay scale of Rs. 3000 -4500.00 with effect from 1.4.1991, vide order bearing Memo No. 3693, dated 26.9.2005 (Annexure -A). The employee died on 30.3.1992 while still in harness. The employee was given the first time -bound promotion with effect from 1.1.1992, vide order dated 15.10.1993 (Annexure -1). He was thereafter given the second time -bound promotion with effect from 10.10.1985, vide order dated 12.7.1997 (Annexure -2). This was followed by the impugned order dated 30.3.2000 (Annexure -3), whereby the aforesaid order dated 12.7.1997 (Annexure -2), granting second time -bound promotion, has been recalled.

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties including the scheme for grant of time -bound promotions, as well as the Government Resolution No. 4245, dated 16.7.1985 (Annexure -5), issues by the State Government in the Finance Department modifying the original scheme for grant of time -bound promotion. The employee was granted selection grade in Class -III grade with effect from 1.1.1976. Grant of selection grade in the same post is not a promotion. Reference may be made to the judgments of the Full Bench reported in 2000(4) PLJRR 262 (Maheshwar Prasad Singh vs. State of Bihar), that of a Division Bench of this Court, reported in 1998(2) PLJR 200 (Lai Mani Prasad vs. Chairman, B.P.S.C), and that of the Supreme Court as reported in (1984)3 SC C.36, para 17 (Dayaram Asanand Gursahani vs. State of Maharashtra). He was promoted from Class -III to Class -II (junior branch) with effect from 24.4.1978. This being a substantive promotion, it will come in the way of grant of first time -bound promotion. In that view of the matter, there is no need to consider the effect of merger of cadres on the question of entitlement to the first time -bound promotion, because the employee already stood deprived of the benefit of first time -bound promotion on account of said promotion to Class -II (junior). In that view of the matter, the petitioner was not entitled to the first time -bound promotion. I accordingly set aside the order dated 15.10.1993 (Annexure -1), whereby the employee was given the first time -bound promotion.