IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7329 of 2009 ====================================================== Abdul Salam, Son of late Abdul Wazid, resident of village – Ratan Parauli, P.O. Ratan Parauli, Police Station – Bhagwanpur Hat, District – Siwan, retired while working as an Assistant teacher from Govt. Urdu Maktab, Beldari Tola, Anchal – Daraunda, District – Siwan. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Siwan. 5. The Divisional Commissioner, Saran Division at Chapra. 6. The Deputy Development Commissioner –cum-Chairman, District Education Establishment Committee, Siwan. 7. The District Superintendent of Education, Siwan. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. (Gp19) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 03/ 15-09-2011 No one appears for the petitioner. Counsel appearing for the State is present. Petitioner was appointed as an Assistant Teacher on 22.01.1958 in Govt. Urdu Maktab Saraiya, Anchal – Bhagwanpur Hat, District – Siwan. He has superannuated from same school working as an Assistant Teacher. He has filed this application for directing the respondents to provide him the benefit of second time bound promotion and also payment of amount of suspense account deposited in the GPF account of Patna High Court CWJC No.7329 of 2009 (3) dt.15-09-2011 2 / 2 2 the petitioner with statutory interest. Subsequently, the prayer regarding payment of suspense amount deposited in the GPF account with statutory interest was deleted. Counter affidavit has been filed on behalf of District Superintendent of Education, Siwan stating that the pay for the period 1.1.1971 to 31.3.1973 deposited in the suspense account has been sanctioned vide Memo No. 798 dated 21.05.2009. The Drawing and Disbursing Officer has been directed to calculate interest as per rule of interest payable in GPF account and make payment immediately to the petitioner. The petitioner has been paid Rs. 33,757/- as arrears of salary in the suspense account for the period 1.1.1971 to 31.3.1973. So for second time bound promotion is concerned, it has not been allowed as there is no provision for grant of second time bound promotion to Govt. teachers under the Bihar Govt. Primary School Teachers Promotion Rule, 1993. Considering the statement made in the counter affidavit, this application is disposed of. DKS/ (Mridula Mishra, J)