IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1651 of 2010 In (CIVIL WRIT JURISDICTION CASE 1855/1996) 1. Mahesh Nath Jha S/O Late Gangadhar Jha R/O Vill.- Ujjan Tolla Gangauli, P.S.- Sakatpur, Distt.- Darbhanga………..Appellant Versus 1. The State Of Bihar, Principal Secretary (Higher Education) Human Resources Development Department, Patna 2. The Director, Higher Education Human Resources Development Department, New Secretariat, Patna 3. The Director, Mithila Sanskirt Research Institute, Darbhanga 4. The Director, Bihar Rastrabhasha Parishad, Patna…Respondents ---------------------------------- 3. 23.12.2011 Heard the learned counsel for the appellant and perused the order of the Writ Court under appeal. The Writ Court has accepted the case of the State of Bihar that prior to 25th August, 1982 the appellant was holding a post of Ratri-Prahari under Mithila Sanskrit Sodh Sansthan, Darbhanga which was not a sanctioned post and it was by virtue of order dated 25th August, 1982 contained in Annexure-A that the appellant was appointed to the vacant post of Mali-cum-Chaukidar in the said Sansthan on account of vacancy created due to death of one Markendu Thakur. The order contained in Annexure-A mentions the fact that the appellant who was working on the post of unsanctioned post of Night-Guard was being appointed afresh on the post of Mali-cum-Chaukidar. On the basis of appointment on a sanctioned post in 2 1982, during the pendency of the writ application, the appellant was granted First Time Bound Promotion with effect from 1992 when he had completed 10 years of service on a sanctioned post. His claim for Second Time Bound Promotion could not be allowed because before completing 25 years of service he superannuated on 31.1.2003. We are in agreement with the view of the Writ Court that there is no material to hold that prior to issuance of Annexure-A, the appellant was working against a sanctioned post. The defence of appellant is that he never received Annexure-A, does not deserve any credence. On that basis, he was subsequently paid his salaries and was also allowed to cross efficiency bar. He never challenged the order contained in Annexure-A by making out a rival case that his earlier post of Night-Guard was a sanctioned post and he should not have been appointed afresh in 1982. The two prayers in the writ petition were in the alternative. One, to allow him to be repatriated to the Mithila Sanskrit Sodh Sansthan, Darbhanga but this prayer could not have been allowed on account of appellant having superannuated during the pendency of the writ petition. The other prayer was for grant of First and Second Time Bound 3 Promotion. First Time Bound Promotion was allowed to him and Second Time Bound Promotion could not have been granted because he could not complete 25 years of service from his appointment on the sanctioned post, vide Annexure-A dated 25.8.1982. We find no error or illegality in the order of the Writ Court whereby no direction has been issued for allowing Second Time Bound Promotion to the appellant. So far as prayer for deputation allowance made through an Interlocutory Application filed in the writ proceeding is concerned, no doubt the appellant was directed to work in Bihar Rashtrabhasha Parishad, Patna from July till he was sent back to the institute at Darbhanga in the year 2000 but Annexure-1 dated 25.7.1992 contains a clear stipulation that the appellant shall draw his salary from Mithila Sanskrit Sodh Sansthan, Darbhanga and not from Bihar Rashtrabhasha Parishad, Patna where he was sent to work. There was no stipulation for payment of deputation allowance. If this arrangement was not with the consent of the appellant he was entitled to pray for repatriation. Such prayer was made in the writ petition but before the writ petition was finally heard, he was sent back in the year 2000 to Darbhanga and considering 4 the nature of the order under which appellant was posted at Bihar Rashtrabhasha Parishad, Patna, the Writ Court did not direct for payment of any deputation allowance. When the salary itself was being paid by the Parent Organisation, Mithila Sanskrit Sodh Sansthan, Darbhanga, the Sansthan could not be asked to pay deputation allowance for an arrangement whereunder the appellant was working with Bihar Rashtrabhasha Parishad, Patna. The appeal is dismissed as without merits. It goes without saying that benefit of First Time Bound Promotion, if not made available, shall be made available to the appellant without any delay, preferably within three months. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)