M.Y.EQBAL, J. - (1.) IN this writ application the petitioner seeks declaration to the effect that he was entitled to Junior Selection Grade by way of First Time Bound Promotion and Senior Selection Grade by way of Second Time Bound Promotion and on the basis of notional promotion a direction be issued for payment of consequential monetary benefits.
(2.) PETITIONER was appointed as Lower Division Clerk in the office of Superintendent of Police, Dhanbad in the year 1945. In 1974 the service of the petitioner was placed under the State Transport Commissioner, Patna. In 1980 petitioner was transferred and posted in the District Transport Office, Giridih. On 31.12.1987 petitioner was superannuated and he was paid 90% provisional pension. After superannuation, petitioner made several representations to the Transport Commissioner, Patna for sending service -book of the petitioner to Giridih. But ultimately the Transport Commissioner informed the District Transport Officer, Giridih that the service -book of the petitioner is not available and advised him for preparation of another service -book. The grievance of the petitioner is that he was not given pensionary benefits on the basis of time bound promotion which he was entitled first after completion of 10 years of service and second on completion of 25 years of service. It is stated that the Transport Commissioner, Patna informed the petitioner that he was not entitled to such promotion because he did not pass the accounts examination. In the counter -affidavit filed by the respondents the claim of the petitioner has been challenged on the ground inter alia that the writ application was filed after the lapse of 14 years. It is further stated that after retirement in 1987, petitioner has been getting pension in accordance with law. It is further stated that under Rule 157, Clause (3)(J) of the Bihar Boards Misc. Rules, a clear in Muffasil office who has not passed the preliminary examination, neither may be confirmed in the service nor allowed to cross the efficiency bar and such employee can not be given selection grade.
(3.) I have heard Mr. Ramawatar Sharma, learned counsel for the petitioner and Mr. A. Allam, learned counsel for the respondents.;