- (1.) HEARD counsel for the parties.
(2.) THE original prayer of the writ petitioner was to direct the respondents to grant second time bound promotion in senior selection scale with effect from 27th June 1995 and consequently, revise his post retirement benefits after revision in the salary pursuant to the grant of such second time bound promotion. He had also made a prayer for payment of arrears of GPF amount with interest for the period prior to 1985 -86 as GPF for the subsequent period have been paid earlier. It was the grievance of the petitioner that his representations to that effect were not being disposed of by the respondents compelling him to move this court. The short facts for appreciation of the petitioner's case are as follows: According to the petitioner, he was appointed as an Assistant Teacher (Untrained) in 1964. On 27th June 1970 he was granted Matric Trained Scale. Though, he became eligible for first time bound promotion with effect from 27th June 1980, but the same was granted with effect from 01st April 1981 in view of Government Notification dated 30th December 1981. On completion of 25 years of service on 27th June 1995, he became entitled for second time bound promotion which was however not granted. Subsequently, with the implementation of the 5th Pay Revision from 01st January 1996, the whole concept of time bound promotion was abolished by the respondents. During the pendency of this writ application, the claim of the petitioner for second time bound promotion has been rejected by an order contained in letter no. 1774 dated 18th May 2006 by the District Superintendent of Education, West Singhbhum (Respondent No. 4) which has been impugned by way of I.A. No. 1546/06 and has subsequently been incorporated in the amended writ application. At the present, counsel for the petitioner has sought to assail the impugned order dated 18th May 2006 by which the grant of second time bound promotion has been rejected by the respondents on the pretext that after coming into force of Bihar Taken Over Elementary School (Teachers Promotion) Rules, 1993 , the petitioner had not completed 18 years of service before his retirement for grant of promotion in Grade -III as per the said Rules. The said Rules have been brought into effect from 01st January 1986 whereunder 18 years of service in Grade -II i.e. Teachers in Matric Trained Scale were required to be completed for grant of such higher grade -III scale. Counsel for the petitioner however vehmently submitted that though, he may not be entitled to grade -III scale because he has not completed 18 years of service before 2004, but he would at least be entitled to second time bound promotion on completion of 25 years of service in June 1995. The other surviving grievance of the petitioner is that the respondent District Provident Fund Officer has yet not made payments of the GPF dues for the period prior to 1976.
(3.) COUNSEL for the respondent State however submits on the question of second time bound promotion, that by Circular dated 18 th December 1989, which is annexed as annexure -A to their counter affidavit, issued by the Finance Department, the existing facility of time bound promotion and selection grade as provided in Resolution No. 10770 dated 30th December 1981, has ceased to be applicable from 01st March 1989 onwards in respect of teachers. It is the contention of the respondents that the 1993 Rules came into force with effect from 01st January 1986 and therefore, the petitioner's case is governed by the 1993 Rules since, the existing facility of time bound promotion was abolished with effect from 01st March 1989 onwards. In that view of the matter, according to him, petitioner is not entitled for second time bound promotion on completion of 25 years of service on 27th June 1995 as claimed by him.;