Letters Patent Appeal No. 376 OF 2002 (Against the Judgment and Order passed in C.W.J.C. No. 14848 of 2001 on 11th February, 2002) UDAY KUMAR JHA -----------------(Appellant) Versus THE STATE OF BIHAR & ORS. ----(Respondents) ----- For the Appellant : Mr. Prem Kumar Jha. For the Respondents : None. P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH AND THE HON'BLE MR. JUSTICE C.M.PRASAD J U D G M E N T Barin Ghosh & C.M. Prasad, J.J. The writ petition filed by the appellant having been dismissed, the present appeal has been preferred. Despite all our efforts, we could not hear the respondents for they did not bother to appear before us while we were hearing the matter. The reason for dismissal of the writ petition is the own creation of the appellant himself for he sought for promotion to the selection grade and then time bound promotion in terms of the 1981 decision of the Government. Having had joined his services on 17th April, 1980, the appellant was entitle to be considered for time 2 bound promotion only once, provided he worked in the same post before the scheme was withdrawn with effect from 1st January, 1996, for in between 17th April, 1980 and 31st December, 1995 the appellant had worked for a period in excess of 10 years. Admittedly, the seniority inter se the appellant and Abinash Chandra Jaiswal has been decided by this Court by a Judgment rendered on 1st May, 1997 in connection with C.W.J.C. No. 1428 of 1996 and C.W.J.C. No. 6281 of 1988 and the petitioner has been declared senior to Sri Abinash Chandra Jaiswal. By reason of such seniority, if the appellant comes within the zone of consideration for grant of selection grade for having had reached the earmarked percentage of the post on which the appellant was working, he became entitle to such grade from the date of his reaching the earmarked percentage. However, no effort was made before the Writ Court to establish what was the earmarked percentage of the post in which the appellant was working for the purpose of entailing selection grade, nor any such effort has been made before us. However, inasmuch as in the previous writ 3 petition, the Court issued a direction upon the respondents to grant to the appellant all the consequential benefits, which are available to other regular employees of the Corporation, it would be appropriate on our part, having noted that the respondent Corporation has not uttered a single word in the counter affidavit filed to the writ petition as regards consideration of the case of the appellant for grant of first time bound promotion, as well as selection grade, we direct consideration thereof by allowing the appeal and setting aside the Judgment and Order under appeal and at the same time allowing the writ petition to the extent as above. It is made clear that in the event of grant of selection grade to the appellant on a finding recorded that he came within the zone entailing such grant, there would be no necessity for consideration of grant of first time bound promotion to the appellant, for in view of having had become entitle to selection grade, the status of the appellant would stand altered and accordingly, he would not be entitle for consideration of first time bound promotion. In the event, however, it is held that the appellant is not entitle to selection grade, it goes without saying that upon completion 4 of 10 years from the date of his employment, he would become entitle to time bound promotion until 31st January, 1995, provided he worked in the same post and benefits of such promotion should be made available to the appellant. The respondent Corporation is directed to act on the basis of the directions as above and to communicate in writing its decision with reasons to the appellant within three months from the date of service of a copy of this order upon the Corporation. The appeal is, accordingly, disposed of. Patna High Court, 22nd July, 2008, S.B.P./N.A.F.R. (Barin Ghosh, J.) (C.M. Prasad, J.)