High Court Patna High Court - Orders

Bhola Prasad vs The State Of Bihar &Amp; Ors on 29 October, 2010

Patna High Court – Orders
Bhola Prasad vs The State Of Bihar &Amp; Ors on 29 October, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.4025 of 2006
                 BHOLA PRASAD SON OF LATE MANGARU RAM
                 RESIDENT OF VILLAGE NAVARATANPUR, P.S.
                 DANAPUR, PATNA.
                                        Versus
                 1. THE STATE OF BIHAR THROUGH TH SECRETARY,
                    COOPERATIVE DEPARTMENT, GOVT. OF BIHAR,
                    PATNA.
                 2. THE REGISTRAR COOPERATIVE SOCIETIES, GOVT.
                    OF BIHAR, PATNA.
                 3. THE REGIONAL JOINT REGISTRAR, COOPERATIVE
                    SOCIETIES, BHAGALPUR.
                 4. THE DEPUTY CHIEF AUDITOR, BIHAR STATE
                    HOUSING COOPERATIVE FEDERATION, LALIT
                    BHAWAN, PATNA.
                 5. THE ACCOUNTANT GENERAL, BIHAR, PATNA.
                                      -----------

2 29/10/2010 Certain claim of the petitioner with regard to

second time bound promotion and second A.C.P. has

been rejected vide annexure-12. This is the speaking

order which has been passed on 2.6.2005 after

considering the service record of the petitioner and

taking into consideration the earlier direction of the High

Court contained in annexure-6.

It is evident from a reading of annexure-6

coupled with annexure-12 that the petitioner was re-

appointed in service in the year 1981 and the High Court

in its earlier order clearly directed that for the purposes

of pension the entire period of service would be taken
-2-

into consideration but whether such a relief will also

apply to time bound promotion is another issue.

Obviously the benefit of promotion and other benefits

will have to be calculated from the date the petitioner

was re-appointed and the High Court directed benefit to

the petitioner to a limited extent in the sense that for

calculation of pension of the petitioner, entire length of

service from the date of initial appointment was to be

considered but the same cannot be extended even to

cases of promotion as there is no dispute that the

petitioner came to be re-appointed and a fact which was

never challenged otherwise.

Reasoning given for rejection of the second time

bound promotion and the benefit of second A.C.P. to the

petitioner seems to be cogent and correct.

This writ application has no merit. It is

dismissed.

AMIN/                   (Ajay Kumar Tripathi, J.)