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.
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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second time bound promotion stood withdrawn from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the said benefit when the policy itself stood withdrawn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.)