NITYANAND DATKEOLYAR Vs. STATE OF BIHAR : SECRETARY, PRIMARY & ADULT EDUCATION DEPARTMENT
LAWS(JHAR)-2009-9-37
HIGH COURT OF JHARKHAND
Decided on September 03,2009

Dr.Nityanand Datkeolyar Appellant
VERSUS
State Of Bihar : Secretary, Primary And Adult Education Department, Bihar, Patna : Accountant General, Bihar, Patna Respondents

JUDGEMENT

- (1.) THE instant writ application appears to be the third round of litigation resorted to by the petitioner for almost the same nature of reliefs.
(2.) THE petitioner was appointed in the Bihar Education Service Class -II on 21.06.1961. He was granted first time bound promotion with effect from 01.04.1981 in terms of the recommendations contained in the 4th Pay Revision Committee Report. Later, he was granted regular promotion to the post of Junior Selection Grade with effect from 28.12.1987, though without any further monetary benefits in his salary. After having completed 25 years from the date of appointment, the petitioner claimed the grant of the second time bound promotion with effect from 21.06.1986. To bolster his claim, the petitioner relied upon the provisions contained in Clause 11 of the 4th Pay Revision Committee Report. Besides the grievance of being denied the benefit of the second time bound promotion, his further grievance was that he was not given cadre promotion although vacancies were available. This grievance was based on the fact that the Departmental Promotion Committee at its meeting held on 10.05.1992 had considered the petitioner's claim and had recommended his promotion in the Super Time Scale. Yet, even the recommendations of the Departmental Promotion Committee dated 10.05.1992 were not acted upon. When his several representations to the concerned authorities of the respondents did not yield any positive result, the petitioner filed a writ application before this Court vide C.W.J.C. No. 3349 of 1994(R) praying for appropriate directions to the respondents to grant him second time bound promotion to the Senior Selection Grade with effect from 1986 and also to implement the recommendations of the Departmental Promotion Committee.
(3.) THE matter was contested by the respondents and by order dated 25.05.1995, this Court had disposed of the writ application with a direction to the respondents to consider the petitioner's case for his promotion and also for the grant of the second time bound promotion in Senior Selection Grade with effect from 21.06.1986 in Super Time Scale.;


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