IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6586 of 2007 Dr. Prabhakar Mishra, son of Late Prithvi Nath Mishra, Resident of Village Devi Sarai, P.O. Maghara, District Nalanda, at present posted as Head of Department, Philosophy, Nava Nalanda Mahavihara, Nalanda. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Secretary, Secondary, Primary and Adult Education, Department, Govt. of Bihar, Patna. 4. Accountant General, Bihar, Patna. 5. The Registrar, Nava Nalanda Mahavihara, Nalanda. 6. The Director, Nava Nalanda Mahavihara, Nalanda. 7. The Chariman, Board of Management, Nava Nalanda Mahavihara, Nalanda. 8. The Union of India through the Secretary, Ministry of Tourism and Culture of India, New Delhi. -------- Respondents ----------- 2 15.09.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following prayer:- “1(i) For a direction to the respondents to grant promotion to the petitioner to class 1 post in the appropriate pay scale w.e.f. 31.3.1988. (ii) For a direction to the respondents to grant First Time Bound Promotion to the petitioner w.e.f. 31.3.1988. (iii) For a direction to the respondents to pay entire arrear of salary to the petitioner flowing out of the promotion, Super Selection Grade and A.C.P.S.” this Court would direct the respondent nos. 2 2 & 3 to consider the grievance of the petitioner for grant of his promotion to Class-I post in Bihar Education Service keeping in view that the petitioner has already retired on 31.12.2007 after filing of this writ application on 18.5.2007. The respondent nos. 2 & 3, while considering the following claims of promotion of the petitioner:- “(i) Promotion in Class-I post (ii) First Time bound pay scale w.e.f. 31.03.1998 (iii) Selection grade (iv) Super selection grade (v) Deputation allowance w.e.f. 1981- 2007 (vi) Ph.D. allowance. (vii) Arrear of salary following grant of promotion selection grade, time bound pay scale, selection grade & Super section grade scales and A.C.P. in accordance with the prevailing law in the State Government.” would be required to pass a reasoned order as with regard to any of the aforementioned demands being not allowed by them within a period of three months from the date of receipt/production of a copy of this order and whatever is found admissible to the 3 petitioner in terms of the order to be passed by the respondent nos. 2 & 3, must be extended to the petitioner in next three months. Such direction has to be issued because the respondents State of Bihar and its officials, being the main contesting respondent, have not chosen to file their counter affidavit and this Court has been kept completely in dark as with regard to the reasons for not granting promotion to the petitioner, who admittedly, as per the averments made in the writ application, had remained the employee of the State Government initially appointed by the State Government in Nava Nalanda Mahavihara, Nalanda and eventually also continued to remain employee of the State of Bihar even when the control and management of Nava Nalanda Mahavihara was vested in the Central Government in the Department of Culture. That being so, the petitioner’s promotion, at least from the date his juniors in the cadre were given such promotion, has to be considered and if no junior to the 4 petitioner has been given such regular promotion, the petitioner is bound to be at least considered for his time bound promotion as also grant of A.C.P. Therefore, let such exercise be completed by the respondents within the aforementioned time frame as indicated above. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)