IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.288 of 2006 Krishna Dutta Pandey, Son of Late Shiv Nandan Pandey, R/o-Vill.-Kaila Nagar Nausa via Chandi, District-Nalanda. –Petitioner. VERSUS 1. The State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. Secretary, Finance Department, Bihar, Patna. 3. Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna. 4. District Education Officer, Patna. 5. District Superintendent of Education, Patna. 6. Headmaster, Middle School, Sahjahanpur, Fatuha, Patna. 7. Director, Provident Fund, Bihar, Patna. 8. District Provident Fund Officer, Patna. 9. Treasury Officer, Patna Saheb, Patna. 10. Accountant General, Beer Chand Patel Path, Bihar, Patna. –Respondents. ----------- For the Petitioner : Mr. Sujeect Kumar Sinha. Mr. Indu Bhushan Pandey. For the Respondents : Mr. Dhananjay Kumar, AC to GP-16. For the Accountant General : Mr. J.P. Karn Mr. L.P.N. Rajgarhia. ------------ 04 29.04.2011 Originally the writ petition was filed for sanction of arrears of pension, gratuity and other claims, though it was pleaded that petitioner had got first time bound promotion with effect from 01.04.1981, which was granted on 18.12.1985, but it was not made effective till his retirement, which is apparent from Annexure-2. He was, thus, clearly entitled to the second time bound promotion which was not granted. Petitioner had retired as Assistant Teacher on 30th April, 2005. In the counter affidavit, it is stated that his claims have been settled on the status of Assistant Teacher with first time bound promotion. By amendment petition, petitioner has specifically sought the second time bound promotion and settlement of his dues accordingly. - 2 - Having considered the matter, in my view, there is no point keeping the writ petition pending which has already been here for over five years. I, therefore, direct the Director, Primary Education, Government of Bihar, Patna to take up the case of the petitioner and decide whether he was entitled to second time bound promotion or not and with effective from what date. Upon this determination he would then pass orders so that the same is given effect to with all consequences from the date it was due including financial consequences. It is expected that as the petitioner is retired employee and a senior citizen, the Director would take decision in the matter at the earliest but not later than three months from the date when the petitioner represents before him along with a copy of this order. The writ petition is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.)