Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) PETITIONER superannuated from service on 31.7.2008 as a Lecturer in +2 Government Girls High School, Dumka. He has approached this Court with a prayer that the benefits of first time bound promotion w.e.f. 1992 and A.C.P., thereafter be granted and his post retirement benefits such final pension, gratuity, arrears of pay under 6th Pay Revision and leave encashment be also paid. He has made a prayer for payment of statutory interest for certain period on the Provident Fund amount. Petitioner's case is that he was initially appointed on 18.3.1980 as a Assistant Teacher in the district of Madhubani and promoted in the year 1990 to the post of Lecturer. His services were allotted to the State of Jharkhand through letter dated 30.6.2006 (Annexure -1) and thereafter he joined and retired on the said post at Dumka. It is the case of the petitioner that even in the year 2008 through letter dated 20.10.2008 issued by the Deputy Director, Secondary Education, Jharkhand, the Principal of the said school was informed that the matter relating to the grant of A.C.P. would be considered on framing of the Rules of the service conditions of +2 Lecturer which was in the process. After filing of the writ petition the grievances of the petitioner have narrowed down. It is not in dispute that final pension, gratuity and arrears under 6th Pay Revision has been paid, apart from the Provident Fund amount. However, the claim for time bound promotion and/or A.C.P. has not been considered. Even as per the stand of the respondent -State through their counter affidavit filed on 6.1.2012, the rules relating to the service conditions of +2 Lecturer were under process. Learned counsel for the State has reiterated the stand taken in para 10 of the said counter affidavit that on framing of such rules petitioner can be accorded promotion as per the said rules. Statements have been made at para 7 of the said counter affidavit in relation to the payments made under different heads of provisional gratuity, provisional pension, final withdrawal of Provident Fund amount and leave encashment amount, arrears of 6th Pay Revision apart from the arrears for the period from 1997 to 1999. The affidavit filed by the respondent -Office of the Accountant General shows that pension and gratuity has been authorized and sent to the office of Accountant General, Bihar with intimation to the petitioner as well, as per Annexure -A to the counter affidavit dated 12.2.2010.
(3.) LEARNED counsel for the petitioner has submitted that the claim for time bound promotion and A.C.P. cannot be delayed for indefinite length of time on the pretext of finalization of rules relating to their service conditions. Therefore, the respondents may be directed to accord the said benefit to the petitioner as per the prevalent rules or to frame the rules within a stipulated time.;