SANDHIR SAMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE original prayer of the writ petitioner was to direct the respondents to grant second time bound promotion in senior selection scale with effect from 27th June 1995 and consequently, revise his post retirement benefits after revision in the salary pursuant to the grant of such second time bound promotion. He had also made a prayer for payment of arrears of GPF amount with interest for the period prior to 1985 -86 as GPF for the subsequent period have been paid earlier. It was the grievance of the petitioner that his representations to that effect were not being disposed of by the respondents compelling him to move this court.

(3.) COUNSEL for the respondent State however submits on the question of second time bound promotion, that by Circular dated 18 th December 1989, which is annexed as annexure -A to their counter affidavit, issued by the Finance Department, the existing facility of time bound promotion and selection grade as provided in Resolution No. 10770 dated 30th December 1981, has ceased to be applicable from 01st March 1989 onwards in respect of teachers. It is the contention of the respondents that the 1993 Rules came into force with effect from 01st January 1986 and therefore, the petitioner's case is governed by the 1993 Rules since, the existing facility of time bound promotion was abolished with effect from 01st March 1989 onwards. In that view of the matter, according to him, petitioner is not entitled for second time bound promotion on completion of 25 years of service on 27th June 1995 as claimed by him.