RAMJEE PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) Let the Accountant General Bihar, be made party respondent in this writ application. A copy of the brief must be served upon the Standing Counsel of the Accountant General by tomorrow failing which this order shall not be given effect to. After having heard the Learned Counsel for the parties and going through the pleadings filed on their behalf, this writ application is being disposed of at the admission stage itself. In this writ application the prayer of the petitioner is set out in paragraph No. 2 which read thus:

(2.) The petitioner joined the service in in 1960 and retired from the office of the respondent District Magistrate, Banka on 1.2.1998. It is stated that despite having served the department for continuously about 35 years but not given a single time bound promotion which he was legally entitled to. It is further submitted that no proceeding either departmental and/or judicial was ever initiated and/or pending against the petitioner at the time of retirement. No proceeding under Rule 43(b) of the pension rules has been initiated till date either. In this case a counter affidavit has been filed on behalf of the State Respondents wherein, inter alia, it is stated albeit the petitioner is entitled to the promotions, but since he has not passed the Accounts Examination the said time bound promotion was denied to him. The stand taken in the counter affidavit seems to be wholly misconcieved and as such unsustainable in law. this Court has repeatedly held that non-passing of the Accounts Examination and/or for that purpose Hindi Noting Drafting Examination will not be a ground for refusing Time Bound Promotion to which the employee is legally entitled to not a ground for cancelling the same either. In this connection a reference may be made to a decision in the case of Abdul Qayum Ansari vs. State of Bihar and ors. reported in 1998(3) PUR 902. In that view of the matter the State respondent including the Accountant General are directed to consider the prayer sought for in this writ petition, and accordingly refix the pension amount in the light of observations made hereabove in accordance with law legally payable to the petitioner including other monetary benefits arising therefrom within six weeks from the date of receipt/production of a copy of this order. The respondent Accountant General will issue the authority slip accordingly within six weeks from the date of receipt/production of a copy of this order. This disposes of this writ application.