Ram Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18974 of 2019 ====================================================== Ram Narayan Yadav S/o Late Ramswarup Yadav Resident of VillageManorathpur (Malipur), Police Station- Kalyanpur, district- Samastipur ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Human Resources Development Department, Govt. of Bihar, Patna 3.

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

The Regional Deputy Director of Education Darbhanga 5.

The District Magistrate Darbhanga 6.

The Deputy Development Commissioner Darbhanga 7.

The District Education Officer Darbhanga 8.

The District Programme Officer (Establishment) Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramashankar Singh For the Respondent/s :

Mr. Jitendra Kumar Roy 1 ( Sc13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-09-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

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

Learned counsel for the petitioner submits that petitioner was initially appointed as Assistant Teacher on 05.08.1968, he was granted first time bound promotion w.e.f. 01.04.1981 he retired on 31.12.2001. He submitted that the first time bound promotion is available on completion of 12 years and second time bound promotion is available on completion of 25 years. The time bound promotion scheme ceases to exist

Patna High Court CWJC No.18974 of 2019(2) dt.16-09-2019 2/2 w.e.f. 31.12.1995 the second time bound promotion was available to a teacher who has completed 24 years before 31.12.1995 and this petitioner is qualified for 2nd time bound promotion.

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

Necessary decision on the claim of the petitioner be taken by the respondent District Education Officer, Darbhanga 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