IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2345 of 2006 DR.VINDESHWARI PD.SAH son of Dhelai Sah, resident of village- Parashmani, P. S. Sarei, P. O. Parashmani, District Purnia, at present posted as Second Medical Officer, Kumarkhand Block, Madhepura.... Petitioner. Versus 1. THE STATE OF BIHAR 2. Joint Secretary, Health Department, Bihar, Patna. 3. Additional Secretary, Health Medical- Education-cum- Family Welfare Department, Government of Bihar, Patna. 4. Medical Officer, Primary Health Centre, Kumarkhand, Madhepura. 5. District Magistrate, Madhepura. ... Respondents. ----------- 3. 26.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “(a) A direction to the respondents to promote him with effect from 11.8.1993 and also to pay to this petitioner the amount of money payable to him as first time bound promotion money from 11.8.1993 to 19.7.1996.” Counsel for the petitioner with reference to the aforementioned prayer would submit that once the respondents had given the first time bound promotion to the petitioner with effect from 11.8.1993 as is clear from reading of Annexure-A to the counter affidavit, the consequential monetary benefit could not have been withheld at least for 2 the period in which the time bound promotion scheme was in vogue. In other words, counsel for the petitioner would confine for refixation of salary of the petitioner in the pay- scale of Rs.3000-4500/- as on 11.8.1993 and its consequential monetary benefit till 1.1.1996. Counsel for the State on the other hand would submit that since the time bound promotion scheme was abolished w.e.f. 1.1.1996, the petitioner will not be entitled for monetary benefit. She, however, is not in a position to explain as to why such monetary benefit has been withheld to the petitioner when his notification of promotion giving the benefit of first time bound promotion was given with effect from 2.11.1993. That being so, this Court must hold that the petitioner is entitled for payment of consequential benefit of the higher pay-scale of Rs.3000-4500/- for the period 11.8.1993 to 31.12.1995 as the time bound promotion scheme was in vogue on that date. The petitioner on and after 1.1.1996 would be entitled for payment of salary in the pay scale of Rs.3000-4500/- or its replacement scale as revised by the State Government with annual increments 3 thereon in accordance with the changed government policy introduced after abolition of the time bound promotion w.e.f. 1.1.1996. Consequently, this writ application is disposed of with a direction to respondents to pay the monetary benefit of first time bound promotion to the petitioner w.e.f. 11.8.1993 onwards as was available to each and every employee of the State of Bihar in view of the resolution of the Finance dated 30.12.1981. Such monetary benefit, if not already paid, must be paid to the petitioner within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ application is disposed of. kanchan. ( Mihir Kumar Jha, J.)