WAKIL AHMAD KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties finally.

(2.) MRS . Jaya Roy, appearing for the petitioner, submitted that petitioner completed the age of 50 years on 4.11.1998. Thereafter, he was given second time bound promotion by the district Order No. 381 dated 23.2.1989 (Annexure -2) subject to approval, but the matter was kept pending. In the meantime, petitioner retired on 1.12.1996. Petitioner filed writ petition being CWJC No. 2605 of 2000 (R) for a direction on the respondents to regularize the said second time bound promotion and to pay retiral benefits on that basis. The said writ petition was disposed of on 13.2.2001 by remitting the matter back to the concerned authority to determine as to whether the petitioner was exempted from the date he attained the age of 50 years in terms of Circular No. 2122 dated 1st April, 1986 read with letter dated 21st June, 1988. It was further observed as follows: It is needless to say that if the relaxation is allowed, the petitioner will be entitled for benefit of time bound promotion at least from the dated he attained the age of 50 years and consequential benefits thereof.

(3.) THEN , petitioner was granted exemption by order dated 1.2.2005 (Annexure -9) with effect from the issuance of such order but the same was withdrawn by order dated 21.4.2005 (Annexure -11) on the ground that exemption can be granted from the date of application only. Thereafter, the impugned district order No. 854, dated 6.7.2005 was issued. It is inter alia said in the order that by District Order No. 353/2004, the second time bound promotion granted to the petitioner was withdrawn and the excess payment made was adjusted.