AMARESHWAR SAHAY, J. - (1.) THE petitioner who superannuated as Karamchari from Saraikella in February, 1987, has filed this application for quashing of the order dated 29.09.2001 as contained in Annexure -7 to the writ application, whereby the Deputy Commissioner, West Singhbhum, Chaibasa rejected the claim of the petitioner for calculating his pensionary benefits after giving him two time bound promotions as he did not get a single promotion during his service tenure.
(2.) FROM the order as contained in Annexure -7 passed by the Deputy Commissioner, West Singhbhum, Chaibasa, it appears that after noticing the fact that the petitioner superannuated on 28.02.1987 on completing 33 years, 9 months and 23 days of service, rejected the claim of the petitioner solely on the ground that the petitioner was not entitled to the time bound promotion because he had not passed the Hindi Noting and Drafting Examination which was a must for the time bound promotion. In my view, the impugned order of the Deputy Commissioner, so far as it relates to rejection of time bound promotion on the ground of non -passing of Hindi Noting and Drafting Examination, if concerned is wrong in view of the direct decision on this point in the case of Lala Devendra Prasad V/s. The State of Bihar and Ors. reported in [2000 (1) PLJR 228] wherein it has been held that for time bound promotion, there in no requirement of passing of departmental examination.
(3.) IN that view of the matter, the impugned order of the Deputy Commissioner as contained in Annexure -7 to the writ application cannot be sustained and, accordingly it is hereby quashed and the matter is remitted back to the Deputy Commissioner, Singhbhum West at Chaibasa with a direction to consider the case of the petitioner for time bound promotion 1st and 2nd, if the petitioner is otherwise eligible for the same. The decision in this regard be taken and communicated to the petitioner within a period of four months from the date of receipt/production of a copy of this order and if the petitioner is found to be eligible for the time bound promotions, he will be entitled to the consequential benefits including the arrears of salary and revised retrial benefits.;