IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7998 of 2005 KARAMAT ALI Versus THE STATE OF BIHAR & ORS ----------- 4. 23/07/2008 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Accountant General. In this writ application, although petitioner has made a prayer for payment of pension, Death-cum-Retirement Gratuity, Leave Encashment and final payment of G.P.F. with 12% interest, but it is an admitted position that payments under these heads have already been made to the petitioner in the lower scale as first time bound promotion was turned down by the Accountant General vide communication contained in memo no.1733 dated 19.12.2005, as contained in Annexure-2. Learned counsel for the petitioner contends that if first time bound promotion granted to the petitioner is approved by the Accountant General, all payments of retrial benefits shall be revised and he will get arrears under all heads on that basis. However, in this writ application, petitioner has not 2 challenged the said communication of the Accountant General disapproving grant of first time bound promotion to the petitioner. Learned counsel for the Accountant General submits that a copy of this communication was sent to the petitioner also along with a copy to the Incharge Medical Officer of the concerned Health Centre. However, neither the petitioner nor the Incharge Medical Officer of the Health Centre has submitted any reply to the office of the Accountant General pointing out that the petitioner was in fact entitled for the first time bound promotion. Today, learned counsel for the petitioner refers to the provisions of the Boards Miscellaneous Rules to support his claim that he was rightly given first time bound promotion. Learned counsel for the Accountant General, for the benefits of the petitioner, has pointed out that if the petitioner establishes that he has in fact passed the examination, he may be entitled for first time bound promotion and consequential revision of 3 all the dues of retirement benefit shall be given to the petitioner. In that view of the matter, this writ application is disposed of. Petitioner is directed to submit his fresh claim for approval of grant of first time bound promotion to the respondents with all supporting materials. If the respondents are satisfied that the petitioner was indeed entitled to first time bound promotion, they will pass appropriate orders in this regard. It goes without saying that consequently retirement benefits of the petitioner shall also be revised and arrears on account of revision under different heads shall be paid to the petitioner. If the petitioner files such a representation within one month from today, the authorities of the State shall consider the same and pass appropriate orders within three months thereafter. If the petitioner is found entitled to first time bound promotion, the authorities of the State shall refer the matter to the Accountant General, who will pass appropriate orders for its sanction within one month of the receipt thereof. Thereafter, if the Accountant General 4 finally approves first time bound promotion of the petitioner, all consequential benefits shall be paid to the petitioner after due revision of the retirement benefits under different heads within three months thereafter. With the aforesaid observations and directions, this writ application stands disposed of. Pradeep/ (J. N. Singh,J.)