IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8181 of 2010 1. Kaushal Kishore Singh, S/O Late Shyam Karan Singh, R/O Mohalla Salempur, Mahadeva, P.S.- Mahadeva,O.P.- District- Siwan, A Retired Senior Account Clerk, From The Public Health Division,Siwan. Versus 1. The State Of Bihar. 2. The Superintending Engineer, Public Health Circle,Chapra. 3. The Chief Engineer (Mechanical), Public Health Education Department (P.H.E.D.) Bihar, Patna. ----------- 3. 13.10.2011 Heard learned counsel for the petitioner and the State. The petitioner superannuated on 31.7.2008 from the post of Senior Accounts Clerk. He desires to be considered and granted his second time bound promotion on that post. Learned counsel for the petitioner submits that first time bound promotion on the aforesaid post has been given to the petitioner in the scale of Rs. 5000-8000/-. His claim is for second time bound promotion in the scale of Rs. 5500-9000/- with effect from 7.4.1996. The respondents are raising frivolous objections with regard to the appointment of the petitioner as a Senior Accounts Clerk done as far back as 27.3.1971 after his superannuation when the master servant relationship has stood severed. Counsel for the State from the counter affidavit is unable to demonstrate any other ground of ineligibility of the petitioner for grant of second time 2 bound promotion. If the petitioner has been granted first time bound promotion on the post of Senior Accounts Clerk reckoning his appointment from 27.3.1971, there appears to be no justification in denial of second time bound promotion to him raising frivolous issues with regard to his appointment long years ago and that too after his superannuation in 2008 when the master servant relationship stood severed. The litigation is unfortunately generated by mindless action of the respondents when the only control that they have over a superannuated employee is under the Bihar Pension Rules. The petitioner is held entitled to his second time bound promotion on the post of Senior Accounts Clerk. Let such consideration be done and the actual monetary benefits be paid to him within a maximum period of six weeks from the date of receipt/production of a copy of this order before the concerned respondents failing which the petitioner shall be at liberty to raise claim for interest. The writ application is allowed. P. Kumar ( Navin Sinha, J.)