High Court Patna High Court - Orders

Deodeep Singh vs The State Of Bihar &Amp; Ors on 27 September, 2010

Patna High Court – Orders
Deodeep Singh vs The State Of Bihar &Amp; Ors on 27 September, 2010
                 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second time bound promotion stood withdrawn from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the said benefit when the policy itself stood withdrawn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.)