IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8857 of 1996
ALI AHMAD SON OF MUMTAZ AHMAD RESIDENT OF
RAJA BAZAR, P.S. SHASTRINAGAR, DISTRICT PATNA.
Versus
1. STATE OF BIHAR THROUGH THE
SECCRETARY, BUILDING CONSTRUCTION AND
HOUSING DEPARTMENT, NIRMAN BHAWAN,
PATNA
2. CHIEF ENGINEER (SOUTH BIHAR),
BUILDING CONSTRUCTION AND HOUSING
DEPARTMENT, TECHNICAL SECRETARIAT, PATNA.
3. EXECUTIVE ENGINEER, PATNA CITY
BUILDING DIVISION, WEST BORING CANAL ROAD,
PATNA.
4. SECRETARY, PERSONNEL AND
ADMINISTRATIVE REFORMS DEPARTMENT, GOVT.
OF BIHAR, PATNA.
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7 09/11/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
Learned counsel for the petitioner submits that
the petitioner ought to have been given time bound
promotion by calculating the period he had worked in the
work charge establishment. He does not dispute that the
petitioner was not entitled to any benefit while he was in
the work charge establishment. Once he came to be
appointed in the regular establishment, in terms of
Circular dated 27.03.1987 issued by the Finance
Department, this period will have to be considered while
granting time bound promotion.
-2-
Without expressing any opinion on this aspect of
the matter, let petitioner file his claim with a Xerox copy
of the aforesaid circular along with a copy of this order
before the competent authority who shall examine
whether the claim of the petitioner in light of the said
circular makes out a case for grant of relief which he is
looking for which is grant of time bound promotion by
calculating the period he worked in the work charge
establishment.
This writ application is disposed of with a
direction that if petitioner moves before the competent
authority, a decision will be taken and communicated to
the petitioner by him in the matter within a period of four
months from the date of filing such claim.
AMIN/ (Ajay Kumar Tripathi, J.)