IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14143 of 2003 MD.YUNUS son of late Gul Mohammad, resident of mohalla Medhu Khan Ka kata, Ward No.9, p.O. and P.S. Dumraon, District Buxar. Versus 1. THE STATE OF BIHAR through Secretary, Primary Education, Govt. of Bihar, Patna. 2. The Secretary, Primary Education, Govt. of Bihar, Patna. 3. The Director, PrimaryEducation, Govt. of Bihar, Patna. 4. The District Magistrate, Buxar. 5. The Deputy Development Commissioner, Buxar. 6. Regional Deputy Director Education, Patna Division, Patna. 7. The District Superintendent of Education, Town and district Buxar. with MJC No.332 of 2007 MD.YUNUS son of late Gul Mohammad, resident of mohalla Medhu Khan Ka kata, Ward No.9, p.O. and P.S. Dumraon, District Buxar. Versus 1. STATE OF BIHAR 2. Dr. Madan Mohan Jha, Secretary, Primary Education, Govt. of Bihar, Patna. 3. Shri Narendra Singh, Director, Primary Education, Govt. of Bihar, Patna. 4. Shri Vishnu Deo Prasad Singh, District Magistrate, Buxar. 5. Shri Binod Kumr, Deputy Development Commissioner, Buxar. 6. Sri Dasrath Ram, Regional Deputy Director of Education Patna Division, Patna. 7. Shri Mahendra paswan, District Superintendent of Education, Town & Dist. Buxar. 8. Mr. Naveen Kumar, commissioner Cum Principal Secretary, Department of Finance, Govt. of Bihar, Patna. ----------- 5 25.10.2010 Having heard counsel for the petitioner and counsel for the State as with regard to the following relief:- “A writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to grant second time bound promotion to the petitioner w.e.f. 1994 and pay its monetary benefits, the Senior Selection Grade Scale B.A. Scale and its monetary benefit and Head Master Scale to which the petitioner is entitled.” this Court is of the considered opinion that when the respondents have considered the case of the petitioner for grant of 2 promotion in Grade-III and have also notified such promotion by an order dated 5.8.2005 as contained in Annexure-A to the counter affidavit and have also fixed pay of the petitioner in such promotional post the petitioner would also be entitled to grant consequential monetary/ financial benefit in terms of the said order. It has, however, to be noted that such order of pay fixation on promotional post was subject to the verification of the Finance Department and there is nothing on the record to show that process of such verification has been completed, inasmuch as, when the petitioner had filed this misconceived contempt application, M.J.C. No. 332 of 2007, the authorities had already issued necessary orders for promotion of the petitioner on 5.8.2005 as would be evident from the counter affidavit sworn and filed on 11.8.2005. In that view of the matter, while this court would not find any merit in the contempt application, inasmuch as, the same was itself based on an interim order and that too a conditional one, this Court while dismissing the contempt application of the petitioner would only hold that the financial benefit of order of promotion of the petitioner dated 5.8.2005 (Annexure-A) should be paid to him, if not already paid, within a period of six months from the date of receipt/production of a copy of this order. As with regard to grievance of the petitioner of being given second time bound promotion in C.W.J.C. No. 14143 of 3 2003 this Court is in complete agreement with the stand taken by the respondents in their counter affidavit that since time bound promotion has been abolished w.e.f. 1.1.1996 the petitioner who was appointed on the matric trained scale of pay in the year 1972 would not be entitled to grant such second time bound promotion which was abolished by the State Government for teachers w.e.f. 1.3.1999 and infact for all other government servants w.e.f. 1.1.1996. The prayer for grant of second time bound promotion therefore must be and is hereby rejected. Rest of the grievance of the petitioner so far as with regard to grant graduate trained scale of pay in terms of 1993 Rules is concerned, the issue stands settled and covered by the direction of the Full Bench in the case of ‘Ram Nath Prasad Singh & Ors. Vs. The State of Bihar & Ors.’ reported in 2009 (3) PLJR 384. Thus all that can be observed in favour of the petitioner, who has already retired in the year 2003, is that if any person junior to the petitioner in the gradation list prepared in compliance of order of this Court in the aforesaid Full Bench Judgment has been or would be given such promotion till date the petitioner had remained in service, the case of the petitioner will also be considered for such grant of graduate trained scale of pay to him. It is, however, made clear that if no person junior to the petitioner was given such promotion in the graduate trained scale of pay till date the petitioner remained in service, he would not be entitled for any further promotion in the graduate trained pay 4 scale. Apprehension of learned counsel for the State that such direction would amount to reopening the whole issue of earlier promotion in the B.A. trained pay scale is wholly misconceived, inasmuch as, when the petitioner himself had passed graduation examination in the year 1985 his seniority and the consequential claim would arise only when the persons of 1985 batch being placed in the gradation list at appropriate place would have been or would be given such promotion in Graduate trained scale post of teachers as the petitioner cannot simply claim automatic grant of graduate trained scale of pay only from the date he had passed his graduation examination. With the aforementioned observation the writ application is disposed of and the contempt application is dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)