ABDUL QAYUM ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties and going through the pleadings, this writ application is being disposed of at the admission stage itself. Pursuant to the order dated 28.10.98 the Director of Animal Husbandry as well as the District Provident Fund Officer, Khagaria, are present in this Court. It is submitted that all the pensionary benefits, legally payable to the petitioner have been paid to him in between 1996 and 1997. So far the G.P.F. amount is concerned, it is staid that the same has been paid on 15.10.98 and 7.11.98. Now only grievance of the petitioner in this case is that though he retired after completing 38 years of service yet two time bound promotions, which are legally entitled to, have not been given so far.

(2.) A counter affidavit lias been filed on behalf of the State respondents wherein, inter alia, it is stated that though he has completed 38 years of service yet he has not been given promotion due to non-passing of the Hindi Noting and Drafting examination. It is well settled principle of law by now that 1st time bound promotion has to be given to the employee after he/ she completes 10 years of service and after completion of 25 years of service he/ she is entitled to second time bound promotion. Admittedly, the petitioner retired after completing 38 years of service and, as such, time bound promotions can not be denied on such flimsy ground. Accordingly, I direct the respondents to give two time bound promotions and the monetary benefits arising to the petitioner, who is legally entitled to and recalculate the pension and other pensionary benefits payable to the petitioner on that basis and issue sanction order within two weeks from the date of receipt/production of a copy of this order and forward the same to the Accountant General who will issue authority slip within two weeks therefrom. Since the admitted G.P.F. amount has been paid in the year 1998, the petitioner is entitled to interest at the rate of 10% per annum from the date of retirement till the date of respective payment

(3.) BEFOI