RAJNISH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was engaged on work charged basis in Minor irrigation Division, Madhepura, on 01.12.1979 and subsequently he was absorbed on regular basis with effect from 20.11.1990. With a grievance that he was entitled for first time bound promotion after completion of 10 years of service and benefits of career progression under the scheme of the State Government, this writ application has been filed seeking following direction:-

(2.) A counter affidavit has been filed on behalf of respondent State of Bihar, from which it appears that the petitioner has been allowed first A.C.P. with effect from 20.11.2002, i.e. after completion of 12 years from the date of his absorption, and M.A.C.P. with effect from 20.11.2010. So far time bound promotion is concerned, the petitioner was not in regular service in 1989. It is the petitioner's case, however, that under the decision of the State Government, the period spent in work charged establishment is to be considered for grant of time bound promotion.

(3.) Responding to the Court's query on the point of delay of nearly three decades in approaching the Court for the said relief, learned counsel appearing on behalf of the petitioner has relied on a Division Bench decision of this Court, in case of Amrendra Kumar Singh v. State of Bihar, reported in 2008 (4) PLJR 592, to contend that grant of time bound promotion being a matter of Government Policy, delay in approaching this Court cannot be a factor for rejection of the petitioner's claim.