IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16488 of 2009 1. MAHESHWAR JHA S/O LATE KANAK LAL JHA, R/O VILL AND P.O- SAMSA, P.S- MANSURCHAK, DISTT- BEGUSARAI Versus 1. BIHAR STATE KHADI & VILLAGE INDUSTRIES BOARD THROUGH ITS CHIEF EXECUTIVE OFFICER, MAHESH BHAWAN, GANDHI MAIDAN (EAST), PATNA-4 2. CHIEF EXECUTIVE OFFICER, BIHAR STATE KHADI VILLAGE INDUSTRIES BOARD, MAHESH BHAWAN, GANDHI MAIDAN (EAST), PATNA-4 3. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVT. OF BIHAR, VIKAS BHAWAN, PATNA 4. THE PRINCIPAL SECRETARY CUM ADMINISTRATE BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD, DEPTT. OF INDUSTRIES, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 5. THE DIRECTOR (TECHNICAL) DEVELOPMENT DEPARTMENT OF INDUSTRIES, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA ----------- 2. 30.11.2009 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for the Bihar State Khadi Board. The petitioner is aggrieved by the reasoned order bearing memo no. 213 dated 20.7.2009 whereunder it has been observed that he was allowed the benefit of recommendation of the fitment committee for the period between 1.4.1997 till 28th February, 2003 and with effect from 1st March, 2003 he is being allowed the benefit of the scale which is admissible after acceptance of the recommendations of the 5th Pay Revision Committee. The aforesaid order is being challenged by the petitioner on the ground that with effect from 1st March, 2003 the employees of the Khadi Board were allowed the scale admissible under the 4th Pay Revision Recommendation which allowed them the benefit of the second time bound promotion and not the benefit of the higher pay scale/ Assured 2 Career Progression admissible under 5th Pay Revision Committee recommendation. Such stand of the counsel for the petitioner is also accepted by the counsel for the Board and the State, namely, Shri Amitesh Kumar for the Board and A.C. to GP 19 that in the Khadi Board with effect from 1.3.2003 the employees are only entitled to pay scale admissible under the 4th Pay Revision Committee and not recommended by 5th pay revision recommendation/Fitment Committee. The petitioner has superannuated from the Board with effect from 31.7.2005. In the circumstances for the period between 1.3.2003 until 31.7.2005 he is entitled for salary as also consideration of his case for grant of second time bound promotion in the light of the recommendation of the 4th Pay revision recommendation and accordingly this Court modifies the order dated 20.7.2009, Annexure- 7 to that extent and direct the competent authority of the Board to take a decision in the case of the petitioner for grant of second time bound promotion as also to pay him the arrears of salary in the light of the scale admissible under the 4th Pay Revision Committee recommendation as also second Time Bound Promotion and other consequential benefits as early as possible, in any case, within two months from the date of receipt/production of a copy of this order. With the aforesaid observations/directions the writ application is disposed of. S. Pandey ( V.N.Sinha, J.)