HARIHAR PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner, In This Writ Application, Has Prayed For Quashing the office order dated 10.08.2000 (Annexure1), by which the proposal of the first time bound promotion of the petitioner has been annulled. Further prayer has been made to pay the arrears of the salary on such promotion after adjusting the amount already paid.

(2.) The Instant Writ Application Was Filed By One Harihar Prasad Sinha, who died during pendency of this writ application. On his death, the wife of the deceased, Smt. Shakuntala Devi was substituted vide order dated 15.06.2016.

(3.) The Original Writ Petitioner Was Appointed In The Work Charge establishment on 01.09.1969 as a Clerk and was taken in the regular establishment vide letter dated 08.03.1989. The original writ petitioner was granted the first time bound promotion w.e.f. 13.01.1987 after attaining 50 years. The petitioner was put under suspension and there was criminal and departmental proceeding initiated against the petitioner. An order was passed by the Deputy Commissioner, Gumla on 29.11.1999, whereby it was decided that the benefit of 1st time bound promotion given w.e.f. 13.01.1987, will be given effect and all the retiral benefits will be calculated on the basis of this promotion, revising the pay scale of the petitioner and the will be sent to the District Account Office for verification and there after the pension papers will be prepared and sent to A.G. Bihar for final sanction of the pension. But all the payments will be made only after obtaining an indemnity bond from Harihar Prasad Sinha. On 10.08.2000, the impugned order was passed whereby the provisional time bound promotion, granted to the petitioner, has not confirmed on the ground that the petitioner has not passed the Departmental Accounts Examination. This impugned order has been challenged by the petitioner.