IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11177 of 2006 DEO KUMAR MANJHI . Versus THE STATE OF BIHAR & ORS . ----------- 2 28.02.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed as Excise Constable and joined as Excise Constable in the Office of Excise Superintendent, Chapra on 20.8.1978. He superannuated from service on 31.12.2002. This application has been filed by the petitioner for directing the respondents to give him first and second time bound promotion with effect from 20.8.1978. During his entire service career, he was not allowed first and second time bound promotion. Petitioner’s case in order to overcome the stagnation of Government employee during their service career, State Government had adopted a policy decision for giving time bound promotion by way of monetary promotion to such employee, who have not 2 been given any promotion during their service career. Petitioner was not allowed any promotion through out his service career, as such he was entitled for first time bound promotion on completion of ten years of service and second time bound promotion on completion of twenty five years of service. Counter affidavit has been filed on behalf of respondent no.4 the District Magistrate, Saran at Chapra, from which it transpires that petitioner was entitled for first time bound promotion with effect from 20.8.1988 and the same was not granted to him even after he retired from his service on 31.12.2002. It has also been stated that vide order dated 29.3.2007 contained in Memo no. 546 dated 1.4.2007 issued by the Excise Superintendent, Saran at Chapra, first time bound promotion has been allowed to the petitioner. So far second time bound promotion is concerned, for that there is no 3 entitlement to the petitioner as he retired from his service on 31.12.2002 without completing 25 years of his service. Second time bound promotion is allowed to a Government employees on completion of 25 years of service. Counsel appearing for the petitioner has submitted that though in the writ application he has not made any prayer for grant of one ACP but he is entitled for this, despite the fact that he has been allowed first time bound promotion. The respondents be directed to consider his case for one ACP under the policy decision of the State Government introduced since 1.1.1996. The writ application is being disposed off giving liberty to the petitioner for filing his representation before the concerned authority showing his entitlement for one ACP with effect from 1.1.1996. In case any such representation is filed by the petitioner, that 4 should be considered and disposed off within twelve weeks from the date of it’s filing in accordance with law. A. Kumar ( Mridula Mishra, J.)