AMAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by petitioner for direction on the respondents to grant him first time bound promotion w.e.f. 1972, the year he completed ten years of service and to confirm the second time bound promotion granted to him since 1986 on completion of 25 years of service treating his service continuous since 1961. Further prayer has been made to quash the office order No. 322, dated 3rd September, 1996 and letter No. 2/E/112/Stha, dated 9th February, 1999 issued by the Chief Inspector of Factories, Ranchi whereby and where under the second time bound promotion earlier granted to him has been cancelled and it has been ordered to recover the excess amount of Rs. 50,804.55 paise from his retrial benefits.

(2.) THE brief facts of the case is that the petitioner, who was appointed as Lower Division Assistant in the office of Chief Inspector of Factories, Ranchi, was transferred against a post of Computer (Sanganak) having higher scale of Rs. 240 -396/ -, as evident from Memo No. 8773, dated 11th October, 1976. Subsequently, vide order No. 84, dated 24th February, 1986 the petitioner was subsequently appointed against a permanent post of Computer (Sanganak) w.e.f. 1st March, 1977.

(3.) THE petitioner was allowed 1st time bound promotion to junior selection grade scale of Rs. 580 - 860/ -w.e.f. 1st April, 1981 vide order No. 88, dated 28th February, 1986 issued by the Chief Inspector of Factories, Bihar. He was given provisional promotion to next higher grade of Rs. 680 - 965/ - w.e.f. 1st April, 1985 vide order No. 89, dated 28th February, 1986. Subsequently, he was granted promotion to the higher grade of Rs. 850 -1360/ - w.e.f. 1st April 1987 vide Memo No. 322 dated 24th July, 1988 and retired on 31st January, 1996. After retirement of petitioner, he was given benefit of junior selection grade in the revised scale of Rs. 1500 -2750/ - till regular promotion vide Memo No. 2798, dated 28th September, 199.6 subject to verification. Subsequently, an order was issued vide Memo No. 243, dated 28th September, 1996 whereby the 2nd time bound promotion granted to petitioner in the grade of Rs. 850 - 1360 w.e.f. 1st April, 1987 cancelled. Though the petitioner has challenged the order No. 243, dated 28th September, 1996 but the said order has been superseded by Memo No. 229, dated 28th August, 1998. The earlier order No. 243, dated 28th September, 1996 was cancelled. The respondents, thereafter, issued a letter No. 272, dated 9th February, 1999 and ordered to recover a sum of Rs. 50,804.55 paise from the retrial benefits of the petitioner.