Shri Ram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11259 of 2015 ====================================================== Shri Ram Singh, son of late Baijnath Singh, resident of village- Pahlejpur, P.O. Lakshmiganj, Police Station- Goreyakothi, District- Siwan, retired while working as assistant teacher from Govt. Kanya Primary School Nautan, Anchal Maharajganj, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Director, Primary Education, Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The District Education Officer, Siwan.

5.

The District Programme Officer Establishment, Siwan. 6.

The District Treasury Officer, Siwan.

7.

The District Accounts Officer, Siwan.

8.

The Block Education Officer, Maharajganj, District Siwan. 9.

The Headmaster cum Drawing and Disbursing Officer, Govt. Kanya Primary School Nautan, Anchal Mahara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr.Sc9-Raj Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and the State. The petitioner has filed the present wit application for a direction to the respondents to grant 2nd Time Bound Promotion.

The scheme of 2nd Time Bound Promotion came to end on 31.05.1995 and as such no positive direction can be issued for grant of 2nd Time Bound Promotion, as the petitioner completed 25 years service in 1997, whereas the time bound promotion scheme ceases to exist w.e.f. 31.05.1995.

Patna High Court CWJC No.11259 of 2015(2) dt.15-07-2019 2/2 Mr. Mishra alternatively submits that in view of ACP Rules, the petitioner is entitled for consideration of his case for grant of ACP.

Since the writ application has been filed for a direction for grant of 2nd Time Bound Promotion on completion of 25 years of service, which is totally misconceived, no relief can be granted in the present writ application. However, liberty shall be available to the petitioner to approach the appropriate authority for grant of ACP under the ACP Rules. In the event, such representation is filed by the petitioner before the respondent District Education Officer/District Programme Officer (Establishment), Siwan for grant of ACP, who shall consider the claim of the petitioner for grant of ACP within a maximum period of four months from the date of filing of such representation along with a copy of this order.

With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U