J.C.S. Rawat, J. - (1.) THIS petition has been filed by the Petitioner for seeking mandamus to pay the monetary benefits to the Petitioner under the time bound scheme as Petitioner has not been given any promotion during the service career and subsequently after - abolition of time bound promotion scheme and implementation of fifth pay revision, 1996 After revision, the arrear of pay was prepared by Block Development Officer, Boarijore and sent before the Treasury Officer, Godda in the year 2002, but till date no amount has been paid to the Petitioner. It is also admitted to the parties that the Petitioner has retired on 30.06.2003 as Block Co -operative Extension Officer, Boarijore, Godda within the area of State of Jharkhand.
(2.) RESPONDENT No. 2 filed the counter affidavit in which he has stated in paragraph 5, 6 and 7 which are as under: 5. That it is stated and submitted that it is pertinent to mention here that the Petitioner joined In the Co -operative Department as Supervisor on 24.11.1996, and thereafter due to merger of pest he was given benefit as inspector, Co -operative Societies since 1.7.1979. The Petitioner retired from the service on 30.6.2003 as Block Co -operative Extension Officer, Boarijora Block in Godda district. 6. That it is stated that regarding the claim of the Petitioner it Is pertinent to mention here that the Petitioner has been given promotion in Junior Selection Grade with effect from 1.7.1883, vide departmental order No. 3104 dated 28.06.2006, and in senior selection Grade w.e. From 1.3.1969 vide departmental order No. 3105 dated 28.6.2006. 7. That it is stated that the Petitioner retired from the post of Block Co -operative Extension Officer, Boarijora block godda district presently in Jharkhand State. That his arrears of Salary and other consequential benefits are payable from the same Office. For this departmental letter No. 6912 dated 06.12.2006 has been written to the concerned authorities. Thus, the Respondent has admitted the liability of the payment and he has stated in his counter affidavit in para 7, that the Petitioner retired -from the post of Block Co -operative Extension Officer, Godda which was carved out in favour of State of Jharkhand from State of Bihar and the arrears of salary and other consequential benefits are payable from the State of Jharkhand. State of Jharkhand has also filed its counter affidavit, and it is stated in para -6, 8, 9 & 10, which are as follows: 6. That It is stated that all the payment as claimed by the Petitioner including allowing the first and second Time bound promotion relates to the State of Bihar, Co -operative Department because all the reliefs claimed by the Petitioner is of the period before creation of the State of jharkhand and as the Respondent No. 4 by issuance of letter/ memo No. 2191 dated 24.11.2004 has requested the Registrar, Co -operative societies, Bihar at Patna to communicate necessary information in respect of whether any steps have been taken for allowing first and second Time bound promotion so that Counter Affidavit may be filed. 8. That with reference to the statements made in paragraph -3 to 6 of the writ application under reply, it is humbly stated and submitted that all the benefits claimed by the Petitioner In respect of time bound promotion relate id the State of Bihar because till today Petitioner's Cadre has not been decided. The Respondent No. 2 herein as well as the Registrar Co -operative Societies, Bihar at Patna is the competent authority to supply authentic reply to the statement made in aforesaid paragraphs. 9. That with regard to the statement made in paragraph -7 of the writ application under reply, it is stated and submitted that the Petitioner during the period of submission of bill was posted under the B.D.O., Boarihore and, as such, the bill was rightly produced before the Godda Treasury in the year 2002 and according to the Petitioner, the Bill was not cleared, the competent authority for replying this paragraph is Respondent No. 6 and 7 to this writ application. 10. That with regard to the statements made in paragraph - 8 of the writ application under reply, it is stated and submitted that so far as the matter of promotion and allowing time bound promotions are concerned, the same is to verified by the Cooperative Department, State of Bihar at Patna. The Respondent No. 4 has already requested the Registrar, Co -operative Societies , Bihar at Patna, who has not been made a patty -Respondent in this case, to send necessary information by issuance of memo No. 2191 dated 24.11.2004, as stated above.
(3.) IT is stated that till date no reply has been received by the answering Respondent.;