IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4386 of 2006 BASUDEO PRASAD SINHA son of late Fakira Singh, resident of village + P.O. Tera, P S – Karpi, District – Jehanabad. Versus 1. The State of Bihar. 2. The Director, Panchayati Raj cum Special Secretary, Panchayati Raj Directorate, Bihar, Patna. 3. The District Magistrate, Gaya. 4. The District Magistrate, Jehanabad. 5. The District Panchayati Raj Officer, Gaya. 6. The District Panchayati Raj Officer, Jehanabad. 7. The Block Development Officer, Kurtha, Jehanabad. ----------- For the petitioner : M/S. Ashok Kumar Sinha, Sr. Advocate and Santosh Kumar Singh. For the State : Mr. Hari Shankar Roy, AC to AAG-2. -------- 3 15.11.2010 Petitioner is a retired Panchayat Sewak in the district of Gaya. He retired on 31st January, 1985. He entered service on 3rd March, 1954 and became a claimant to the benefit of time bound promotions, both first and second kind when concept of time bound was introduced for the first time with effect from 1.4.1981, as per the recommendation of the 4th Pay Revision Committee. Since relief of the kind was not granted earlier petitioner approached the High Court in CWJC No. 9994 of 1999. Respondents were directed to reconsider the matter and pass a speaking order. It is in this background that Annexure-3 dated 9.11.2005 came to be issued by the District Magistrate, Gaya. Petitioner was allowed the benefit of first time bound promotion. Second time bound promotion was refused on the ground that there has to be a time gap of 5 years between one promotion to the other. That gap of 5 years is completed on 1.4.1986 but the petitioner retired on 31.1.1985 thereby precluding the petitioner from the benefit. 2 Learned senior counsel representing the petitioner submits that no doubt there is a time gap between one promotion and the other as two promotions of the same kind cannot accrue at the same time and in this regard he has brought to the Court’s notice a circular dated 28th March, 1985 issued by the Finance Department, which is circular No. PRC/184/187. His contention thereafter is that for the cadre to which the petitioner belongs time fixed by the notification dated 8th August, 1986 for revenue karamchari is 3 years. If the earlier circular is read in its entirety it will show that the so-called Kalabadhi will depend on the cadre to which the employee belongs and there is no firm rule of 5 years. Petitioner therefore submits that he completes 3 years of Kalabadhi before is superannuation. The speaking order and the stand taken in the counter affidavit are identical. The words or impression used in the counter affidavit that it is mandatory to maintain a gap of 5 years have not been indicated nor the circular having been annexed in support of the stand of the State. Counsel for the State therefore was directed to produce relevant circulars and today circular No. 1105/85 Ka. 432 dated 12.9.84 is pressed into service. There is a various Kalabadhi for various posts. Learned senior counsel representing the petitioner seems to be correct in stating that the reliance having been placed by the State counsel on the circular has no applicability because it talks about the clerical cadre and various Kalabadhi is fixed for them. 3 How the same is being utilized to support the stand of the State is not understood by this Court especially when a circular of 28th March, 1985 talks about the cadre concerned there is no dispute that petitioner does not belong to the clerical cadre. In absence of any other circular having been produced by the State in this regard, the reasoning given by the District Magistrate, Gaya, seems to be misplaced. In view of the above writ application is allowed with a direction upon the District Magistrate that he shall issue necessary orders allowing the benefit to the petitioner of the second time bound promotion, which has not been done by his order dated 9.11.2005. To that extent the said decision stands quashed. The Court directs the respondent District Magistrate to take necessary steps in this regard preferably within a period of four months from the date of communication/production a copy of this order. rkp ( Ajay Kumar Tripathi, J.)