IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12787 of 2005 DEVENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 5. 21.5.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner initially filed this writ application for payment of terminal dues which was paid during the pendency of this writ application, as such, the original prayer made in this application has become infructuous, however, during pendency of this application his request for grant of time bound promotion and Assured Career Progression has been refused under order bearing Memo No. 6320 dated 10.11.2006, Annexure4 to the Interlocutory Application No. 5581 of 2006 and by filing the aforesaid Interlocutory Application petitioner has even questioned the said order in the light of the liberty granted by this Court under order dated 24.9.2007. Perusal of the aforesaid order dated 10.11.2006, Annexure-4 indicates that request for time bound promotion has been refused as petitioner has been awarded three punishment under orders dated 6.4.2000, 5.12.2002 and 27.5.2004 and in consideration of those punishment orders the authorities have refused the prayer for grant of time bound promotion. 3.Learned counsel for the petitioner while assailing the aforesaid order dated 10.11.2006, Annexure-4 to Interlocutory Application No. 5581 of 2006 submitted that petitioner joined the service on 22.12.1969 and was allowed first time bound promotion with effect from 01.4.1981 under orders dated 20.4.1987 and thereafter became due for grant of second time bound promotion with - 2 - effect from 22.12.1994 on which date none of the three punishment orders were in existence and should not have been taken into account while considering his case for grant of time bound promotion. 4.In the circumstances, according to this Court the case of the petitioner for grant of second time bound promotion as also Assured Career Progression is required to be considered bereft of the three punishment orders. Order bearing Memo No. 6320 dated 10.11.2006, Annexure-4 to the Interlocutory Application No. 5581 is, accordingly, quashed with direction to the Registrar, Cooperative Societies to reconsider the grant of second time bound and Assured Career Progression to the petitioner with effect from the due date bereft of the aforesaid three punishment orders in accordance with law and pass a reasoned order to that effect as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 5.This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)