IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.654 of 2007 Against the judgment and order passed by learned Single Judge passed in CWJC 13347/2004 dated 23.02.2007. 1. The State Of Bihar through the Director, Animal Husbandary, Bihar, New Secretariat, Patna. 2. The Director, Animal Husbandary, Bihar, New Secretariat, Patna. 3. The Regional Director, Animal Husbandary (Central Range) Patna & P.O. Bihar Veterinary College, Patna. 4. The Veterinary Surgeon, Sub-Divisional Veterinary Hospital, Buxar, District – Buxar. .... .... Respondents/Appellants. Versus 1. Ram Naresh Prasad, son of late Bindhyachal Prasad, Resident of village – Akbarpur, P.O. & P.S. – Rohtas, District – Rohtas, presently at C/o – late Gopal Prasad, retired Post-Master, Resident of Mohalla – Bengali Tola, At & P.O.- Buxar, District – Buxar. .... .... Petitioner/Respondent. ***** P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ****** T.Meena Kumari & Akhilesh Chandra, JJ. Heard learned counsel for the appellant and learned counsel for the respondent. 2. The present Letters Patent Appeal has been filed against the judgment of learned Single Judge in C.W.J.C. No. 13347/2004 dated 23.02.2007, where the claim of the unofficial respondent was with regard to his revision of pay Patna High Court LPA No.654 of 2007 dt.24-06-2011 2 scale from Rs. 1400 – 2000 to 5000 – 8000 as he worked as Head Clerk. The learned Single Judge having gone in the matter of fixation as observed the clause 11 of the Finance Department Resolution No. 660 dated 08.02.1999 has wrongly interpreted. We have also an occasion to go through the said clause. 3. In view of the contention raised by the appellant, learned senior counsel appearing on behalf of the State submitted that there could not have pay fixation of the unofficial respondent never work as a head clerk. The clause 11 of the Finance Department Resolution No. 660 dated 08.02.1999 indicates that the State Government has decided to abolish the existing facilities of Time Bound Promotions and Selection Grades discussed in paras 10 and 12 of Finance Department Resolution No. 6021 dated 18th December 1989 and they shall cease to be applicable with effect from 1st January Patna High Court LPA No.654 of 2007 dt.24-06-2011 3 1996. There is a case prior to unofficial respondent, he was promoted with effect from 28.09.1990, he was allowed second time bound promotion and clause 11 cannot be given effect to the retrospective effect. 4. Under the above circumstance, we reject the contention raised by the respondent’s counsel appearing for the State that he is not entitled for the benefits of second time bound promotion with effect from 28.09.1990. 5. Under the above circumstances, we do not find any illegality in the order passed by learned Single Judge, accordingly, this Letters Patent Appeal stands dismissed. Patna High Court Date : 24th June, 2011 Rajeev/Praveen/N.A.F.R (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)