IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7757 of 2003 KRISHNANAND PRASAD son of late Bhawan Das resident of Amarpur, P.S. Amarpur, P.S. Amarpur, District Banka. Versus 1.THE STATE OF BIHAR 2.Commissioner-cum-Secretary personnel and Administrative Reforms, Bihar, Patna. 3.Additional Secretary, personnel and Administrative Reforms, Bihar patna. ----------- 3 7/12/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of writ in the nature of certiorari or any other appropriate writ, rule, direction for quashing the order as contain in memo no.6645 dated 2.8.99 (Annexure-1) and commanding the respondents to grant the petitioner’s time bound promotion and in consequence thereof the petitioner may be granted junior selection grade after completion of his 10 years of service w.e.f. 19.3.89 and accordingly revise his salaries and pension and pay the same in accordance with law.’ Mr. B. P. Pandey, learned Senior counsel appearing on behalf of the petitioner would submit that the impugned order dated 3rd August, 1999 depriving the petitioner from the benefit of time bound promotion on the ground that the petitioner had not passed the departmental examination suffers from clear error, inasmuch as, it appears that the petitioner was subjected 2 to harassment only because in the earlier round of litigation he has been successful in getting certain relief wherein one of them was that the petitioner’s time bound promotion should be considered. In the opinion of this Court in absence of any averment in this writ application that the petitioner has passed the departmental examination, it must be held that the reasons given for the petitioner being not promoted in the time bound pay scale is absolutely correct, inasmuch as, the whole scheme of time bound promotion proceeds on assumption that the person concerned is otherwise fit for promotion and could not be promoted only due to want of vacancy. The scheme of time bound promotion therefore was only by way of removal of stagnation and it was not to be given to the inefficient person who would not deserve promotion otherwise on account of being totally ineligible. That being so, this writ application being devoid of any merit is accordingly dismissed. Abhay Kumar (Mihir Kumar Jha, J.)