- (1.) THE present writ petition has been preferred for issuance of an appropriate writ(s), order(s), direction(s) for grant of notional promotion to Selection Grade from 1.5.1980 and Super Selection Grade from 2nd January, 1983 alongwith a direction for payment of the monetary benefits to which the petitioner is entitled to receive from such notional promotion as per the decision of the Full Bench of the Hon ble Patna High Court in C.W.J.C. No. 2995 of 1990 and other analogous cases decided on 19.9.2000 reported in 2000(4) PLJR page 262.
(2.) THE main contention raised by the learned counsel for the petitioner is that in his 30 years of service he had not received any promotion or benefit only because of not passing the final examination 2000(4) PLJR 262sin Accounts as prescribed by Rule 157(3)(J) of the Bihar Boards Miscellaneous Rules, 1958. He further submits that after the merger of the Lower Division Clerk and Upper Division Clerk in the year 1980 a new cadre of Assistant has been created and the State Government accepted the recommendation of the 4th Pay Revision Committee on 30.12.1981 and the petitioner was entitled for promotion to Selection Grade after completion of 10 years of service and Senior Selection Grade after completion of 30 years of service but even after successful completion of 30 years of service the petitioner superannuated without getting any promotion in his entire service career. The respondents in their counter affidavit have submitted that the petitioner has been granted 1st time bound promotion w.e.f. 1.4.1981. However, the second time bound promotion could not be granted since even after completion of 5 years i.e. till 1986 he had not passed the final Accounts Examination and the period of exemption as granted in terms of Annexure -No. 3 fell between 1.5.1980 to 29.3.1982 only. Thus it is stated that he was not eligible nor entitled to the second time bound promotion.
(3.) THE learned counsel for the petitioner mainly relies upon a majority judgment of the Full Bench reported in 2000(4) PLJR page 262 to support his contention and in particular he refers to and relies upon Para -16, which is quoted as under: '' "16. The result of the above discussion is that the clerks of the Muffasil offices could/cannot be promoted to the selection grade posts without passing final examination in Accounts except during the period between 1.5.80 and 29.3.82. Any promotion due to the clerks during that period, thus, cannot be denied on the ground that they had not passed the said examination." ;