Basudeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17887 of 2019 ====================================================== Basudeo Prasad Yadav Son of Dhaneshwar Yadav, resident of Village Madhaili Bazar, P.S.- Shankarpur, District Madhepura at present resident of Village- Bhokraha Shripur Bhatni, P.S.- Kumar Khand, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Old Secretariat Bihar, Patna. 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna. 3.

The Director Secondary Education Govt. of Bihar, Patna. 4.

The Accountant General Bihar, Patna.

5.

The Commissioner, Koshi Division, Saharsa.

6.

The Regional Deputy Director of Education, Koshi Division Saharsa. 7.

The District Magistrate, Supaul.

8.

The District Education Officer, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present case is for grant of Second Time Bound Promotion.

Learned counsel for the petitioner submits that petitioner was joined as a Physical Teacher on 01.03.1971 in the Mahavir Ranipatti High School Tikuliya, P.S. Kumarkhand, Madhepura and he was granted first time bound promotion w.e.f. 01.01.1981 and he was retired on 31.01.2005. The first time bound promotion shall available on completion of 12 years

Patna High Court CWJC No.17887 of 2019(2) dt.03-09-2019 2/2 and second time bound promotion is available on completion of 25 years. The time bound promotion scheme ceases to exist w.e.f. 31.12.1995 so that the second time bound promotion was available to a teacher who has completed 24 years before 31.12.1995.

Considering the aforesaid, the writ petition is disposed of with a directed to the respondent District Education Officer, Supaul who shall examine the case of the petitioner and on verification of service record the District Education Officer, Supaul shall take appropriate decision with regard to the entitlement of grant of time bound promotion with all consequential benefits.

Necessary decision in claim of the petitioner be taken by the respondent District Education Officer, Supaul within a period of 60 days from the date of receipt/production of a copy of this order. If 2nd time bound promotion is not admissible to the petitioner then the respondents shall consider the case of the petitioner for grant of benefit under ACP Scheme if admissible to the petitioner within the same period of 60 days. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U