IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18384 of 2009 1. BASHISTH NARAYAN SINGH S/O LATE TRIVENI SINGH R/O VILL.- SARDIHA TOLA BHAMRI, P.S.- SIMRI BAKHTIYARPUR, DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 3. DIRECTOR, SECONDARY EDUCATION BUDH MARG, PATNA 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION SAHARSA PRAMANDAL, SAHARSA 5. DISTRICT EDUCATION OFFICER SAHARSA 6. SUB DIVISIONAL EDUCATION OFFICER SAHARSA 7. THE ACCOUNTANT GENERAL BIHAR, BIRCHANDRA PATEL PATH, PATNA ----------- 02/ 26.04.2010 Heard counsel for the petitioner, the State and the counsel appearing for Accountant General. Petitioner was appointed as Physical trained teacher on 17.3.1969 and joined N.K. Singh High School, Lagma. He has superannuated from his service on 31.1.2004 as M.A. trained teacher. Petitioner’s case is that he was granted First Time Bound Promotion with effect from 1.4.1981. In the year, 1971 he became M.A. trained teacher. After his superannuation vide Memo No. 1102(Ni) dated 14.8.2009 he has been granted Super Selection Grade cum Second Time Bound Promotion with effect from 1.12.2001. The petitioner is claiming for promotion in the Super Selection Grade/Second Time Bound Promotion with effect from 1.4.1993 instead, with effect from 1.12.2001. - 2 - Counsel for the petitioner submits that the order issued by R.D.D.E., Saharsa Division, Saharsa contained in Memo No. 1102(Ni) dated 14.8.2009 itself indicates that in the light of departmental letter no. 267 dated 25.4.1994, M.A. trained teachers, are to allowed Super Selection Grade/Second Time Bound Promotion within 12 years of their First Time Bound Promotion and the B.A. trained teachers within 18 years of the First Time Bound Promotion. Since the petitioner was granted First Time Bound Promotion on 1.4.1981, as such he is entitled for Second Time Bound Promotion with effect from 1.4.1993. His grievance is that similar benefit has been allowed to others, but in his case, it has not been considered by the respondents. In the writ application there is specific averment that in this regard the petitioner has already filed his representation before R.D.D.E., Saharsa on 2.11.2009, but till date no order has been passed and his date of promotion has not been rectified. This application is being disposed of directing R.D.D.E. Saharsa Division to consider the case of the - 3 - petitioner in the light of the provision mentioned at para 3 of the order dated 14.8.2009 contained in Memo No. 1102(Ni). The petitioner’s date of promotion is directed to be shifted in accordance with law, with all consequential benefits, for which he will be entitled on account of shifting of his date of promotion. Since the petitioner has already superannuated, as such on account of shifting of date of promotion, he will also be entitled for re-fixation of his pension and pensionary benefits. The R.D.D.E. and the Accountant General are directed to look into the matter and do the needful, as early as possible, preferably within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)