IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9226 of 2006 SUKH SAGAR PRASAD YADAV, son of Shri Gosai Pd. Yadav R/o Village-Nanhku Mandal Tola, Rahimpur, P.O. Durgapur, District- Munger… ….Petitioner. Versus 1. THE STATE OF BIHAR, 2. The Secretary, Primary Education, Govt. of Bihar, Patna, 3. The Director, Primary Education, Govt. of Bihar, Patna, 4. The District Superintendent of Education Khagaria, 5. The Block Education Extention Office, Khagaria, District-Khagaria…… ... Respondents. For the Petitioner : M/s. Jagnnath Singh, P.K.Singh,Advocates. For the State : Mr. Hansa Jha, AC to SC XVII ………………. 3 03.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by Annexure-4, whereby his first time bound promotion granted earlier has been cancelled after holding that he was entitled for the same on 1.4.1989 and not on 5.7.1986, and also by the Annexure-5 whereby the excess amount paid has been ordered to be recovered. It is submitted on behalf of the petitioner that 2 he was appointed as Assistant Teacher on 5.7.1974 in the Matric Trained Scale at Middle School Bhaurn, Jamui who was granted I.A. trained scale with effect from 1.4.1977 without any promotional benefits. It is submitted thereafter that on completion of 12 years of service in the Matric Trained Scale from the date of appointment, he was granted time bound promotion with effect from 5.7.1986. However, the District Superintendent of Education Khagaria, without giving any liberty to the petitioner to explain, has passed the impugned order shifting the date of time bound promotion to 1.4.1989 instead of 5.7.1986 and, subsequently, by Annexure-5, the order was passed for recovery of the amount paid in lieu of that without considering guidelines as existing in letter Memo No.299 dated 6.3.1990 of the State Government issued by the Director Primary Education, Joint Secretary. Learned counsel drew attention of this Court towards Clause 4 of Annexure-1 to impress upon this Court that for grant of time bound promotion to the Teachers in Intermediate Trained Scale, the calculation for the purpose of completion of 12 years would be counted 3 from the date of grant of Matric Trained Scale to them. Counter affidavit has been filed on behalf of the State. However, learned counsel for the State is unable to show from the counter affidavit that the guidelines as provided under the letter of the Government as contained in Annexure-1 has either been considered while passing the impugned order or is not applicable in the case of the petitioner. In above view of the matter and in view of the guidelines as contained in Annexure-1, the impugned orders dated 13.07.2002 (Annexure-4), as well as 14.02.2003 (Annexure-5) is hereby quashed. The matter is remitted back to the respondent No. 4, i.e., the District Superintendent of Education Khagaria to reconsider the case of the petitioner in the light of Annexure-1 and pass necessary order taking into consideration the guidelines therein and/or also the subsequent circulars, if any. It is made clear that no recovery shall be made till the final decision is taken in the matter. Accordingly, this writ application stands 4 allowed. Sanjay-II ( Dr. Ravi Ranjan, J )