IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.245 of 2007 1. THE STATE OF BIHAR THROUGH SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 2. THE CHIEF ENGINEER, NORTH MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR AT MUZAFFARPUR 3. THE DEPUTY SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 4. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION DEPARTMENT CIRCLE, DARBHANGA 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, SAMASTIPUR ……………RESPONDENTS/ APPELLANTS Versus 1. RAMARCHA PRASAD S/O LATE AWADH PRASAD, R/O MOHALLA-KASHIPUR, P.S.-SAMASTIPUR, DISTRICT- SAMASTIPUR …………PETITIONER IST SET…. RESPONDENT 2. THE DIRECTOR, PROVIDENT FUND DIRECTORATE FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT PROVIDENT FUND OFFICER, SAMASTIPUR 4. ACCOUNTANT GENERAL, BIHAR BIRCAHND PATEL MARG, PATNA …………….RESPONDENTS 2ND SET…RESPONDENTS ********* 10 06/01/2009 Heard the parties in respect of limitation petition. In the facts of the case the delay in preferring this appeal is condoned. Heard learned counsel for the State in support of the letters patent appeal as well as the learned counsel appearing for the respondent whose writ petition has been allowed by the judgment and order under appeal dated 11.9.2006 (C.W.J.C. No. 7774 of 2002). While upholding the validity of first and second time bound promotion granted to the petitioner on the basis of earlier judgment of this court and also a full bench judgment, the learned Single Judge has rightly quashed the impugned order contained in Annexures 1 and 2. However, learned counsel for the State has placed reliance upon averments made in - 2 - paragraph 8 of the memorandum of appeal to submit that as per order under appeal the respondent (writ petitioner) is entitled for first and second time bound promotion but that would entitle him only to revised scale of Rs. 1400-2600 and 1500-2750 respectively whereas his last pay was wrongly drawn in the pay scale of Rs. 1640-2900. The aforesaid issue raised by the learned counsel for the State has not been decided by the judgment and order under appeal nor such a dispute was noticed. Hence while up holding the judgment and order under appeal and dismissing this letters patent appeal we give liberty to the State that it may take appropriate action for fixing the pension of the petitioner on the basis of correct pay scale to which he was entitled in law after treating the first and second time bound promotion as valid. If any fresh decision for the aforesaid purpose is required to be taken, the same must be taken within a period of three months from today. With this liberty this appeal is dismissed. (Shiva Kirti Singh, J.) (Shyam Kishore Sharma, J.) avin