Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) THE original petitioner has been substituted by his legal heirs during the pendency of the writ application who are prosecuting the case. The petitioner retired as a clerk i.e. Class -III employee from Chaibasa Civil Court on 31.07.1997. He has made a prayer for grant of second time bound promotion in Senior Selection Grade Pay Scale with effect from 16.06.1990 on completion of 25 years of service. A prayer was also made to revise the pay scale of the petitioner in pursuance of the Circular dated 19.12.1987 (Annexure -5) and for payment of difference of salary and pensionary benefits.
(3.) THE petitioner entered into service in 1965 and was granted First Time Bound Promotion by order dated 12.02.2001 (Annexure -7) with effect from 01.04.1981. However, he had not been granted Second Time Bound Promotion on completion of 25 years of service and no exemption from passing of departmental exam was granted by the competent authority on attaining 50 years of age by the petitioner. According to the petitioner, in view of the specific communication of the Patna High Court, as contained in letter dated 27.07.1996 (Annexure -3), requirement of passing of departmental exam was a mandatory requirement in terms of rule 62 of the Bihar Civil Court Staff (Class -III & Class -IV) Rules, 1992 and not for grant of Time Bound Promotion. Therefore, the case of the petitioner was required to be considered for Time Bound Promotion. Moreover, when no departmental exams were held since 1972 -73 in his service career, he cannot be made to suffer on that account. Counsel for the petitioner has relied upon the judgments in the case of Ramjee Prasad Singh v. State & ors. [ : 1999(3) PLJR 648] and in the case of Lala Devendra Prasad v. The State of Bihar & Ors. [ : 2000 (1) PLJR 228] in support of his contentions.;