IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7651 of 2005 RAJA RAM SHARMA S/O LATE BHAGAT SHARMA, R/O BABHANPURA, PO- MUWARKPUR, DISTT- PATNA, WORKING AT ASSITT. SUPERINTENDENT, PHYSICAL EDUCATION BARH, PATNA,--- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY ART, CULLTURE & YOUTH DEPARTMENT, PATNA 2. THE SECRETARY, ART CULTURE & YOUTH DEPARMENT,PATNA 3. THE DIRECTOR (YOUTH WELFARE) CUM DY. SECY. ART, CULTURE & YOUTH DEPARTMENT, PATNA 4. THE DISTRICT EDUCATION OFFICER, PATNA 5. THE ACCOUNTANT GENERAL BIHAR, PATNA 6. THE ACCOUNTANT GENERAL U.P. ALLAHABAD 7. THE DISTRICT PROVIDENT FUND OFFICER,PATNA--RESPONDENTS ----------- 4 13.1.2009 Heard learned counsel for the parties. The case of the petitioner is that he should be given benefit of pay scale of Rs.2000-3800/- by virtue of an order issued in his favour granting him 2nd time bound promotion which is annexdure-2 to the writ application. His pension should also be fixed accordingly and even the GPF amount must be paid to him taking into consideration the service he has rendered both with the Central Government as well as the State Government. Shorn of other details the petitioner has drawn my attention to at least three decisions which have been passed by the High Court in identical matter which are cases of Harendra Kishore Saran vrs. The State of Bihar & others in CWJC No. 14170 of 2004 dated 13.7.2007, Sita Ram Prasad vrs. The State of Bihar & Ors. in CWJC No. 1621 of 2006 dated 12.9.2007 as well as the case of Anil Kumar Singh vrs. The State of Bihar & Ors. in CWJC No. 7079 of 2003 dated 27.9.2007. Petitioner‘s contention is that after detailed hearing of the matter the stand of the State Government was negated and - 2 - those petitioners were given the benefit of the second time bound promotion on the pay scale of Rs. 2000-3800. Pensions were also directed to be fixed accordingly. Learned counsel further informs the Court that State of Bihar challenged those orders and at least one of them was considered by the Division Bench in LPA No. 17 of 2008 and vide order dated 10.1.2008 in the case of State of Bihar & Ors. vrs. The Accountant General & Ors reported in 2008 (3) PLJR 264 the appeal was dismissed upholding the decision of the Single Judge. Similar was the fate of other LPAs filed in the matter. Since the Court has the benefit of the reasoning given by the Hon’ble Judges in the above three writ applications and the case of the present petitioner is being no different, the writ application is allowed with a direction upon the respondents that the pay of the petitioner shall be fixed on the pay scale of Rs. 2000-3800/- and the retiral dues shall also be worked out based on the same. Provident Fund authorities are also directed to take steps to settle the account and the dues of the petitioner at the earliest. This writ application is accordingly allowed. RPS (Ajay Kumar Tripathi,J.)