IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6210 of 2000 KAMALDEO DUBEY & ANR Versus THE STATE OF BIHAR & ORS ----------- 09 01.4.2009 Heard learned Counsel for the petitioners and learned Counsel for the State. The controversy in this case relates to the issue whether for the purposes of time bound promotion, the service of the petitioners is to be reckoned from 20.9.1975 when he has been granted seniority in the B.A. trained scale or has he been granted any promotion after 20.9.1975 disentitling him for benefit of time bound promotion. From the submissions made on behalf of the parties, it appears that the petitioners discharged duties of a Headmaster from 11.1.1984 and 20.12.1982 respectively. What is not clear to this Court is whether the petitioners only discharged the duties of the higher post of Headmaster or whether they were promoted and given higher pay scale of Headmaster also. On the answer to this factual issue, shall depend the decision for the eligibility to time bound promotion. If they got the promotion to the post of Headmaster along with higher pay scale, 2 entitlement to the time bound promotion shall not arise. If the answer be in the negative, they shall be entitled to the benefit. Let such appropriate decision be taken by the District Education Establishment Committee after inter alia verification of the service record of the petitioners, preferably within a period of four months from the date of receipt and/or production of a copy of this order. P.K. (Navin Sinha, J.)