Brahmdeo Prasad Singh and Another vs The State of Bihar and Others

Mridula Mishra, J.—Heard counsel for the Petitioners and counsel appearing for the State:

Both the Petitioners were appointed as Clerk in the Revenue Section of Purnea and Saharsa Collectoriate. Petitioner No. 1 was appointed on 5.9.1964 and Petitioner No. 2 on 16.4.1966. Petitioner No. 1 retired from service on 31.5.1997 and Petitioner No. 2 on 31.5.2000.

Petitioners'' grievance is that they were entitled for First and Second time bound promotion on completion of 10 years of their service as well as 25 years of service, but the same was not allowed to them. Petitioner No. 1 has claimed his first time bound promotion with effect from 1.4.1981 and the second time bound promotion 5.9.1989. On the other hand, Petitioner No. 2 is claiming his first time bound promotion with effect from 1.4.1981 and second time bound promotion with effect from 16.4.1991.

Counsel for the Petitioners submits that so far these two Petitioners are concerned, they have cleared their Hindi Noting and Drafting Examination as well as preliminary accounts examination but even if they would not have cleared departmental examination, they are entitled for First and Second time bound promotion in the light of the Full Bench decision reported in 2000 (4) P.L.J.R. 263 (Maheshwar Prasad Singh v. State of Bihar and Ors.). As per the Full Bench decision, passing of final examination in accounts was not essential for giving time bound promotions to such employees, who became entitled for such promotion during the period in between 1.5.1980 to 29.3.1982.

Two time bound promotions if allowed to these Petitioners, it will not affect any 3rd party interest, and the Petitioners will simply be entitled for consequential financial benefits, as well as enhancement in their pension and pensionary benefits, as such delay is not going to affect merit of their case. There is No. reason for not allowing the prayer of the Petitioners regarding their first and second time bound promotion.

Accordingly, this application is allowed, directing the Respondents to allow benefits of First and Second time bound promotions to the Petitioners, with effect from the due dates, with all consequential benefits. Necessary orders in this regard must be passed by the Respondents within four weeks from the date of production/ communication of this order.