Yamuna Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15897 of 2007 ====================================================== Yamuna Sharma son of Late Bansropan Sharma resident of MohallaDilwarpur, P.O. Milkichak, P.S. Bahadurpur, Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Road Construction Department, Govt. of Bihar

2. Secretary, Road Construction Department, Govt. of Bihar

3. The Engineer-in-chief-cum-Additional Commissioner, Govt. of Bihar

4. The Deputy Secretary Road Construction Department, Govt. of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-05-2015 Heard the parties.

The petitioner seeks a direction upon the respondents to grant the time-bound promotions in view of the resolution of the government in the Department of Finance dated 30.12.1981. Mr. Sharan counsel for the State referring to averment made in paragraph 7 states that taking into account the period of service of the petitioner he was found entitled to grant of first time-bond promotion with effect from 20.07.1983 which has already been granted. Upon completion of 25 years of service on 20.07.1998 he was entitled to grant of second time-bound promotion which was however not permissible as the said scheme was not effective from 01.01.1996. The petitioner has been granted thereafter the first and second benefit as applicable under the prevailing scheme i.e. Assured Career Progress (ACP)

Patna High Court CWJC No.15897 of 2007 (2) dt.08-05-2015 2 / 2 / 2 effective from 09.08.1999. There is no rebuttal. Prima facie, it appears that the writ application has become infructuous. It is accordingly dismissed. Dismissal of this writ application shall not preclude the petitioner from approaching the authority if there is deficiency in grant of those benefits.

(Kishore Kumar Mandal, J) HR/- U