IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11219 of 1996 SHOAIB AHMAD KHAN, son of late Anwaruddin Khan, residing at Mohalla Moazzum Chuck, P.O. and P.S. Habibpur, District Bhagalpur … Petitioner Versus 1. THE STATE OF BIHAR 2. Secretary cum Agriculture Production Commissioner, Bihar, Patna 3. Joint Secretary to the Govt. of Bihar, Department of Agriculture, Bihar, Patna 4. Deputy Secretary to the Govt. of Bihar, Department of Agriculture, Bihar, Patna 5. Director of Agriculture, Bihar, Patna, Department of Agriculture, Vikash Bhawan, Patna 6. Joint Director of Agriculture, Bihar, Patna, Department of Agriculture, Bihar, Patna 7. Secretary to the Govt. of Bihar, Department of Finance, Patna 8. The Accountant General, Bihar, Patna … Respondents ----------- 4. 10.5.2011 Heard counsel for the petitioner and the counsel for the State. In this writ application the petitioner has made the following prayer: “On the grounds set forth above and others to be urged at the time of hearing it is therefore prayed that your Lordships may graciously be pleased to admit this writ application, issue notice, call for the records and after hearing the parties quash the notification No. 7393 dated 21.8.1991 contained in Annexure 7, to this writ application and consequently also quash the Memorandum No. 3044 dated 12.5.1992 contained in Annexure 8, 2 to this writ application and be further pleased to direct the respondents concerned to issue fresh notification allowing the petitioner to avail of the scale of Senior Selection Grade in the scale of Rs.3700/- to Rs. 5000/- from 1.4.1985 upto 31.3.1988 and consequently allow the scale of Super Time Grade in the scale of Rs. 4100/- to Rs. 5300/- from 1.4.1988 up to the date of superannuation i.e. 31.5.1993 at least after holding that the petitioner is entitled to two time bound promotion on the basis of 25 years of service (Kalawadhi) and on the basis of fixed time bound promotion rule and be pleased to allow the consequential benefits accordingly, since the petitioner has already retired from service direction may kindly be given to the respondent concerned to allow his arrears of salary and their consequential benefits on the basis of Kalawadhi Rule reckoned from the date and the time of appointment and joining the post of the basis of resolution of the State Government issued from its Finance Department dated 30.12.1981 by which the State has accepted the recommendation of the 4th Pay 3 Revision Committee. And/or It is further prayed to direct the respondents concerned after issuing a writ of mandamus commanding the respondents concerned to give promotion to the petitioner to senior Selection Grade in the scale of Rs. 3700/- to Rs.5000/- since 29.11.1982 up to 28.11.1985 and consequently direct to give promotion to Super Time Grade in the scale of Rs.4100/- to Rs.5300/- from 29.11.1985 up to the date of superannuation i.e. 31.5.1993 on the basis of Kalawadhi Rule and fixed Time Bound Promotion Rule, further since the petitioner has already retired direction may kindly be issued to the respondents concerned to allow his arrears of salary and allowances and their consequential benefits on the basis of Kalawadhi Rule reckoned from the date and time of appointment and joining on the post of Senior Research Assistant, at Dholi, Muzaffarpur from 29.11.1960 on the basis of Annexure 9, to this writ application.” Learned counsel for the petitioner would submit that since the respondents in their counter affidavit have themselves 4 admitted that the case of the petitioner for promotion in the Senior Selection Grade would be considered, he may be allowed time to now ascertain as to what has happened in between the date when this writ application was filed and today. In the considered opinion of this Court when the counter affidavit is very clear that till the date of retirement of the petitioner no one junior to him had been given Senior Selection Grade and in fact between him and the last person promoted (Sl.No. 7 of the gradation list) there were at least 12 persons, the petitioner being 20th person in the gradation list, there would be no reason for this Court to direct promotion of the petitioner. The presumption of the petitioner that the Kalawadhi is the only requirement of promotion and the moment a person will complete the prescribed period of Kalawadhi he would be entitled for grant of higher promotion is wholly misconceived. The Kalawadhi, under the Service Jurisprudence and in fact as also clarified in the Govt. circular issued from time to 5 time, is the minimum cooling period for a person for being considered promotion on a higher post. The completion of period of Kalawadhi would not mean that the petitioner also became entitled for grant of promotion on the date of completion of period of Kalawadhi itself. This infact is the only difference between the concept of Time Bound Promotion and the regular promotion. Here in this case the petitioner wants regular promotion by way of Senior Selection Grade and 12 of them being senior to him were not given such promotion even till the date of retirement of the petitioner being 31.5.1993 and as such the petitioner was/is not entitled for grant of regular promotion. That being so, this writ application is wholly misconceived and is, accordingly, dismissed with only liberty that if and when any junior to the petitioner would be given even retrospective promotion in the Senior Selection Grade on and from a date on which he was still in service, he too will have a right to claim the same before the respondents by filing a 6 representation for consideration of his case for promotion. Subject to the aforementioned limited observation and restricted liberty, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/