IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11240 of 2007 Sri Rajendra Jha, son of late Kartik Jha, resident of Village Bharmarpur, Post Bharamarpur, P.S. Bihpur, Dist. Bhagalpur (Bihar). --------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Primary Education Department, Bihar, Patna. 2. The Director, Primary Education Department, Govt. of Bihar, Patna. 3. The Regional Deputy Director, Education Department, Bhagalpur. 4. The Accountant General, Bihar, Patna. ---------- Respondents ----------- 2 25.10.2011 No one appears on behalf of the petitioner. Counsel for the State is present but he is not in a position to assist this Court in any manner in absence of a counter affidavit. His only submission is that this writ application is wholly belated, inasmuch as, the petitioner, having retired from service in the month of December, 1994 has filed this writ application on 29.8.2007 by way of claiming benefit of second time bound promotion from the year 1987. From the representation filed by the petitioner, it would be apparent that the case of the petitioner for grant of second time bound promotion was recommended by the Regional Deputy Director of Education vide his letter no. 288-89 dated 12.10.1996 and, 2 therefore, if the case of the petitioner for grant of second time bound promotion was not decided in his active service period which has resulted into also reduced payment of retirement benefit, the delay to the extent of recurring cause of action, the retirement benefit, cannot be said to be belated. As noted above, there is no counter affidavit which would mean that the respondents admit the claim of second time bound promotion of the petitioner. A period of more than four years in fact has been lost by the respondents themselves in not allowing this Court to decide the matter by not filing the counter affidavit. The respondents, therefore, can hardly press the ground of delay. Be that as it may, as this Court has found that there would be two components to the claim for second time bound promotion, one being the payment of arrears of salary and the other enhanced payment of retirement benefit on account of grant of second time bound promotion, this Court would direct the Director, Primary Education to examine the claim of the petitioner as with regard to grant of second time bound promotion and take 3 a final decision in this regard within a period of four months from the date of receipt/production of a copy of this order. It, however, goes without saying that if the Director, Primary Education shall find the petitioner entitled for the grant of second time bound promotion, he will also extend the consequential benefit confined to only enhanced retirement benefit. In that case the petitioner will not be paid any arrear of salary on account of the delayed writ application but, if he is granted benefit of second time bound promotion, his retirement benefit shall be recalculated on the basis of his enhanced pay. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)