IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11773 of 2007 Hawaldar Singh, S/o late Kamal Singh, resident of Village Mahauri, P.O. Chunni, P.S. Buxar (Mufassil), Anchal Chousa, Dist. Buxar. -------- Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Buxar, At P.O. and Dist. Buxar. 3. The District Superintendent of Education, Buxar, At, P.O. and Dist. Buxar. ------- Respondents ----------- 2 03.11.2011 No one appears on behalf of the petitioner. Counsel for the State is present. In this writ application, the petitioner after his retirement from service has moved this Court for being given benefit of time bound promotion which according to him became due on 20.6.1985. The petitioner in this context has relied on a Government notification dated 17.6.1995. In the considered opinion of this Court, when the petitioner’s services were deemed to have been taken over in view of the Bihar Non-Governmental Elementary School Take Over Act, 1976 only with effect from the date of approval of his appointment and that the petitioner himself claims to have been appointed as a Teacher on 20.6.1975 in Prathmik Madhya Vidyalaya, Bharakhara in the district of Buxar and his approval of service given only on 26.7.1976 by allowing him to 2 draw salary in the Matric Trained Scale of Pay, he would not be entitled for grant of time bound promotion, inasmuch as, benefit of such time bound promotion for Teachers had stood withdrawn with effect from 1.1.1986. In fact, this aspect of the matter has also been clarified in the Government circular dated 17.6.1995, relevant portion whereof reads as follows:- ^^¼4½ ;g lqfo/kk izcU/k lfefr }kjk fu;qDr f'k{kdksa dks ugha nh tk;sxhA ,sls f'k{kdksa dh lsok dh x.kuk 1&1&71 vFkok lsok vuqeksnu dh frfFk ls] tks ckn esa gks] dh tks;sxhA rnuqlkj dkyc) izksUufr ij fopkj fd;k tk;sxkA ¼5½ dkyc) izksUufr dh ;g lqfo/kk foRr foHkkx ds ladYi la[;k& 10770 fnukad 30&12&81 dh df.Mdk 10 ,oa 11 eas fufgr izko/kku ds vuqlkj 1&4&81 ls 31&12&85 rd gh ns; gksxhA bl ladYi esa vafdr vU; izko/kku rFkk dkyc( izksUufr ds ckjs esa foRr foHkkx }kjk ;Fkk le; ij fuxZr vU; lHkh ifji= ;Fkkor ykxw jgsaxsA** Admittedly, the petitioner’s services were not deemed to have been taken over with effect from 1.1.1971, inasmuch as, he was not a Teacher in a school owned and controlled by Zila Parishad Municipality or District Planning Committee as explained under Section 3(1) of the Act. The petitioner was in fact a Teacher of a private school run and controlled by the managing committee and in his case Section 3(3) and 3(4) of the Act will only be applicable. Since the petitioner’s approval of 3 appointment was given only on 26.7.1976 while allowing him the Matric Trained Scale of Pay, he would not complete the period of ten years within the prescribed time limit on 31.12.1985 and as such, ineligible for grant of time bound promotion. As a matter of fact, such a stale claim raised by the petitioner after his retirement from service even otherwise is not fit to be entertained. That being so, this application is wholly misconceived and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)