IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.823 of 2006 BRAJ KISHORE PATHAK SON OF LATE JANAK PATHAK, RESIDENT OF DUMARIA, P.S. DUMARIAGHAT, EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. CHIEF ENGINEER, DEPARTMENT OF WATER RESOURCES, GANDAK PROJECT, MOTIHARI. 3. EXECUTIVE ENGINEER, CHAMPARAN DIVISION, DEPARTMENT OF WATER RESOURCES, MOTIHARI 4. TREASURY OFFICER, MOTIHARI. 5. ACCOUNTANT GENERAL (A & E), BIHAR, PATNA. 6. SENIOR ACCOUNTS OFFICER, OFFIE OF THE ACCOUNTANT GENERAL (A&E) BIHAR, PATNA. ----------- 4 29/09/2010 Having heard learned counsel for the petitioner and learned counsel for the State as well as the claim made by the petitioner from the respondents contained in annexure-4, there is a clear case in the counter affidavit that the petitioner had been given substantive promotion to the next higher post. If that be so, then the petitioner cannot claim the benefit of 2nd time bound promotion from the date of his initial appointment. Time bound promotion is granted only to such employees who do not have avenues of promotion and have not been given promotion of any kind during the entire length of service. - 2 - It is in this background that they can claim first time bound promotion after completion of ten years of service and second time bound promotion after 25 years of service. Petitioner has already been granted the benefit of next higher post of Accounts Clerk. Therefore, it has to be reckoned only from that date and not from the date of his initial appointment. No case for allowing second time bound promotion in favour of the petitioner is made out. In so far as the claim of A.C.P. is concerned, the Court leaves it open for the petitioner to move the authorities concerned because this is a new claim being made now after the Court refuses to entertain his request for grant of second time bound promotion. The anxiety expressed by the learned counsel for the petitioner with regard to annexures 6 and 7 seems to be misplaced in view of the stand taken by the State in its counter affidavit. This writ application is dismissed with the liberty as above. AMIN/ (Ajay Kumar Tripathi, J.)