IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4975 of 2007 Smt.Sumitra Devi, wife of late Ram Charitra Singh, resident of Village Jagdishpur, P.O. Powan, District Patna, at present Masaurhi (Near Dakbunglow Road), P.O. Masaurhi, Dist. Patna. -------- Petitioner Versus 1. The State of Bihar through Commissioner cum Secretary, Primary Education, Bihar, New Sachivalaya, Patna. 2. The Director, Primary Education, New Sachivalaya, Patna. 3. The Commissioner, Patna Paramandal. 4. The District Superintendent of Education, Patna. 5. The Accountant General, Bihar, Patna. 6. The District Magistrate, Patna. 7. The Head Master, Middle School, Hansadih, Masaurhi, Patna. -------- Respondents ----------- 2 19.08.2011 Having heard learned counsel for the parties and taking into account that during pendency of this writ application, a conditional order of time bound promotion of the petitioner has been issued, this Court would dispose of this writ application for consideration of the grant of consequential benefit by the competent authority, if the condition imposed in the order of such time bound promotion dated 4.3.2008 passed by the District Superintendent of Education, Patna has already been complied. In other words, the benefit of the time bound promotion to the petitioner would be given if the Finance Department has or would confirm the order of the District Superintendent of Education, Patna dated 2 4.3.2008, inasmuch as, in terms of paragraph no.11 of the time bound promotion policy contained in Resolution No. 10770 dated 30.12.1981, it is the Finance Department which has to examine as to whether a Government servant, continuing in service in the last ten yeas, had not been given any higher pay-scale, which would deprive one from getting the time bound promotion. Since this exercise has not been done by the District Superintendent of Education, Patna and he has himself put a condition of confirmation of the time bound promotion by the Finance Department, the resultant financial benefit will have to be given to the petitioner only after the order of the Finance Department. In that view of the matter, this Court would direct the Principal Secretary of the Finance Department to get the petitioner’s case examined and if it is found by him that such time bound promotion given to the petitioner by the District Superintendent of Education is strictly in accordance with law and the Government policy, he would also pass an order for grant of consequential financial benefit. If on the 3 other hand, if it is found that the petitioner’s time bound promotion was not permissible, he would record the reasons for the same and communicate it to the petitioner. In order to expedite the matter, the petitioner is also given liberty to file his self contained representation enclosing the necessary evidence for getting the benefit of time bound promotion and the Principal Secretary of the Finance Department shall take his final decision within a period of four months from the date of filing of the representation by the petitioner enclosing a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)