IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1247 of 2002 DAROGA RAM son of Late Maharaj Sahni, Resident of Village-Ajgari, TolaChuriharwa, P.S.Banjaria, Dist-East Champaran……………………… Petitioner. Versus 1. THE STATE OF BIHAR & ORS 2. The Commissioner-cum-Secretary, Department of Animal Husbandry, Govt.of Bihar, Patna. 3. The Director, Department of Animal Husbandry, Govt.of Bihar, Patna. 4. The Deputy Director, Department of Animal Husbandry, Govt.of Bihar, Patna. 5. The Distric Department of Animal Husbandry, Govt.of Bihar, Patna. ----------- For petitioner:- Mr.Jaishankar Barnwal, Adv Mr.Krishna Murari Pd, Adv Mr.Sanjay Kumar, Adv For State:- Mr.S.J.Rahman, G.P.-7 3/ 24-Oct-08 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for a direction to the respondents to consider his case for 2nd time bound promotion w.e.f. 1.4.1986 and to pay the arrears or consequential pecuniary benefits since the due date along with interest and cost. Petitioner was initially appointed on the post of Live Stock Assistant, Class-III post in the Department of Animal Husbandry on 9.8.1986. He was granted first time bound promotion vide order No.6587 dated 10.9.1993 w.e.f 1.4.1981. The said promotion was confirmed by letter dated 9.5.1994. Vide Annexure-1 dated 26.7.1995, the 2 proposal of 2nd time bound promotion to the petitioner was sought by the Deputy Director (Headquarters) of the Animal Husbandry Department, Govt. of Bihar from the District Officer, (West Champaran), Bettiah. The proposal was sent through Annexure-2 dated 4.9.1996 but the 2nd time bound promotion was not granted to the petitioner and he superannuated on 30th December, 1998. He filed representations in the matter along with a copy of an order of this Court dated 27.9.1999 (Annexure-3) passed in CWJC. No.9029 dated 1997 filed by one Sukhdeo Sharma who retired from service on 31.12.1997 and in whose case, in similar circumstances, this Court observed that since promotion to Junior Selection Grade had been granted in spite of that petitioner having not passed the Hindi noting and drafting examination and since the said employee had crossed the age of 50 years subsequently in 1989 and therefore was entitled for waiver of the requirement to pass the Hindi noting and drafting examination, the authorities were required to reconsider the claim for 2nd time bound promotion. Learned counsel for the State has 3 submitted that in the case of petitioner also 2nd time bound promotion was withheld because he had not passed the Hindi noting and drafting examination. He submitted that as per the file available with him a counter affidavit to that effect was prepared but it is not clear whether such counter affidavit was served on counsel for the petitioner and was filed or not. Learned counsel for the petitioner has submitted that no copy of counter affidavit has been served on him and the records of the case also do not show that any counter affidavit was filed in this case. Be that as it may, this Court finds that the case of the petitioner stands on similar footing as that of Sukhdeo Sharma who is said to have been allowed 2nd time bound promotion in view of the order of this Court contained in Annexure-3. Hence, the case of the petitioner is also disposed of in similar terms with a direction to the concerned authority to reconsider the case of the petitioner for 2nd time bound promotion at least w.e.f. the date when the petitioner crossed the age of 50 years and became entitled for waiver of the 4 requirement of passing Hindi noting and drafting examination. Appropriate orders on account of such reconsideration in the light of observation in this order be passed at an early date and in any case within three months from the date of production/communication of a copy of this order because the petitioner has already retired long back. Any consequential benefits of arrears of salary as well as pension should also be made available to the petitioner as per law without any delay and preferably within a further period of three months after passing of the appropriate order. perwez (Shiva Kirti Singh, J.)