IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5349 of 2008 ALAKH NARAYAN YADAV, SON OF LATE RAM SHARAN YADAV, RESIDENT OF VILLAGE CHARKI BAZAR, P.S. CHARKI BAZAR, DISTRICT GAYA. --- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DEPUTY SECRETARY, (IN-CHARGE REVENUE ADMINISTRATION), WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, PATNA. 5. CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, GAYA. 6. EXECUTIVE ENGINEER, WATER WAGE DIVISION, GAYA. --- RESPONDENTS ----------- 3 29.4.2011 The petitioner was appointed as regular Petrol in the year 1997. He was reverted as seasonal Petrol. The petitioner filed a writ being CWJC No. 12209 of 1996 praying for grant of time bound promotion. It was during the pendency of the writ application that he was reverted to the post of seasonal Petrol. An interlocutory application was filed in the writ application challenging the order of reversion. The writ application was finally disposed of vide Annexure-4 on 5th of July, 2000 directing the petitioner to move the Director, Revenue Administration (Water Resources Irrigation Department) who would pass an order with respect to the regularization of the services of the petitioner. Accordingly, the Director, Revenue Administration (Water Resources Department) came out with an order dated 25.5.2003 by which the petitioner was again declared to be regular seasonal employees w.e.f. 3.4.1992. The grievances of the petitioner in this writ application are that he is claiming time bound promotion and A.C.P. A counter affidavit has been filed on behalf of the 2 Executive Engineer, Water Base Division, Gaya in which he has taken a stand that as far as the time bound promotion is concerned, it has been sanctioned and sent to the Superintending Engineer, Water Base Circle, Gaya vide letter no. 1351 dated 30.8.2008. It may be noted here that the petitioner has been granted time bound promotion on the basis of the first appointment of the petitioner made in 1970. Regarding the claim of the petitioner with respect to the grant of salary as a regular Petrol between 24.7.1997 to 30.6.2003 and the grant of A.C.P., a stand has been taken at paragraph 17 of the counter affidavit that the Superintending Engineer, Water Base Circle, Gaya has to refer the matter to the Chief Engineer, Water Resources Department, Gaya who will take a decision in this matter. Eventually it is the Chief Engineer, Water Resources Department, Gaya who would be required to address the issue. I, therefore, direct that the Chief Engineer, Water Resources Department, Gaya (respondent no. 5) should take a decision with respect to this petitioner issuing payment with respect to his claim of time bound promotion as recommended by the Executive Engineer. The Chief Engineer is also directed to consider the grant of pay as a regular Petrol between 24.7.1997 to 27.5.2003 considering that others similarly situated to the petitioner who were also redesignated as a regular Petrol by Annexure-5 have been granted the benefit of pay and lastly the Chief Engineer has to consider whether the petitioner would be 3 entitled to grant of A.C.P., taking into account that his period of service reverts to the year 1970 when he was first appointed. It may be noted that the petitioner has been treated to be in service since 1970, while granting him time bound promotion, so I see no impediment in granting in A.C.P. if permissible treating him to be in continuous service since 1970. The said decision by the Chief Engineer should be taken within a period of four months on receipt/production of a copy of this order along with a representation. The Chief Engineer while considering these facts may take assistance of the Superintending Engineer, Water Base Circle, Gaya and the Executive Engineer, Water Base Division, Gaya. I may make it clear that the petitioner has not retired and, therefore it becomes important that if the Chief Engineer finds that the petitioner is entitled to the reliefs aforesaid, consequential benefits of making payment should also be made expeditiously preferably within a period of six months from the date of passing of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)