IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.121 of 2006 DEODEEP SINGH SON OF LATE SOBHNATH SINGH RESIDENT OF VILLAGE NIRMALPUR, P.S. MUFASSIL ARRAH, DISTRICT BHOJPUR. Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE-CUM0COLLECTOR, BHOJPUR AT ARRAH. 4. DISTRICT ESTABLISHMENT COMMITTEE, BHOJPUR ARRAH THROUGH THE DISTRICT MAGISTRATE-CUM-COLLECTOR, ARRAH. ----------- 3 27/09/2010 Petitioner wants two benefits, first is second time bound promotion and the second is benefit of promotion under the Assured Career Progression scheme formulated for Class III & IV employees which is Rule of 2003 and has been annexed as Annexure-3 to the writ application. Stand of the respondents is that the benefit of second time bound promotion stood withdrawn from 1.1.1996. Petitioner completed 25 years of service on 14.6.1998. Therefore, there was no occasion to give him the said benefit when the policy itself stood withdrawn before the eligibility of the petitioner accrued. So far as the benefit under the Rules of 2003 is concerned, stand of the respondents is that in terms of - 2 - rule 4(5) of 2003 Rules, petitioner had to fulfill the condition precedent for promotion in terms of section 157(3)(j)(b) of Board’s Misc. Rules. Since the petitioner did not acquire the requisite eligibility at the relevant time, this benefit too could not accrue to him. It is further stated that now this issue is settled by the Full Bench decision in the case of Maheshwar Prasad Singh and others Vs. the State of Bihar and others contained in Annexure-A. In view of the above, the petitioner could not be given any such benefit which he is claiming. In the circumstances stated above, no case for interference is made out. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)