IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.494 of 2002 SAHJA NAND PRASAD, SON OF SRI SIDHESHWAR LAL, RESIDENT OF VILLAGE PATRINGA, P.O. SIGORI, POLICE STATION PALIGANJ, DISTRICT- PATNA AT PRESENT RESIDING AT QUARTER NO. 4, ROAD NO. 36 GARDANIBAG (CHITKOHRA), PATNA. ……. Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF CANE, BIHAR, PATNA. 2. THE CANE COMMISSIONER, BIHAR NEW SECRETARIAT, PATNA 3. THE CANE OFFICER, PURNEA, POLICE STATION AND DISTRICT- PURNEA. …. Respondents ----------- 3 21.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The dispute relates to claim of the petitioner for first time bound promotion w.e.f. 1.4.1981 and second time bound promotion w.e.f. 29.6.1991. The petitioner claims to have been appointed as a Clerk in the office of Cane Officer, Purnea on 29.6.1966. He superannuated from service on 31.5.2000 from the post of Clerk in the same office. Petitioner was denied first time bound promotion after the scheme for such promotion was introduced on the ground that he had not passed the requisite accounts examination. Subsequently, when the petitioner applied for such promotion, he was granted the same w.e.f. 24.5.1995 by order contained in Annexure-4 after granting permissible relaxation from passing the accounts examination. The case of the petitioner on this point has already - 2 - been settled by a Full Bench judgment of this Court in the case of Maheshwar Prasad Singh Vrs The State of Bihar & Ors with analogous cases reported in 2000 (4) PLJR 262. As per that judgment, there was no requirement of law for passing departmental examination in accounts during the period 1.5.1980 and 29.3.1982. The claim of the petitioner for time bound promotion falls within the said period and hence he could not have been denied such a promotion on the ground that there was requirement of law for passing such a examination and he had failed to do so. A perusal of the Full Bench judgment supports the aforesaid contention. Once the petitioner is found to have become entitled for first time bound promotion w.e.f. 1.4.1981, he would become entitled for subsequent time bound promotion i.e. second time bound promotion to Senior Selection Grade scale on completion of 25 years of service i.e. w.e.f. 29.6.1991. In the facts of the case, considering the aforesaid submission and another judgment of this Court contained in Annexure-9 rendered in similar facts, the prayer of the petitioner is allowed. The concerned respondents are directed to reconsider the case of the petitioner for granting him first and second time bound promotions with effect from the due dates as indicated above in accordance with law within a period of four months from the date of production of a copy of this order. The consequential monetary benefits including revision of - 3 - pension on account of grant of such promotions should be made available to the petitioner within a period of six months from today. The writ petition is allowed to the aforesaid extent. pkj (Shiva Kirti Singh, J)