Krishnanadan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19682 of 2019 ====================================================== Krishnanadan Prasad, Son of Late Prayag Mahto, Resident of VillageUttarthu, Police Station- Asthawa, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

District Education Officer, Patna.

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

For the Petitioner/s :

Mr.Binoy Kumar Singh, Advocate Miss Sweta Raj, Advocate For the Respondent/s :

Mr.Madhaw Prasad Yadav ( GP-23 ) Mr. Arvind Kumar, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 24-09-2019 Heard learned counsel for the petitioner and the State.

2. The grievance of the petitioner in the present writ petition is non-consideration of his case for grant of second time bound promotion.

3. Learned counsel for the petitioner would submit that the petitioner was appointed as Teacher on 6.10.1964 and on completion of 24 years, he was entitled to second time bound promotion, which was available up-to 31.12.1995. The petitioner was superannuated on 31st of January, 1998. He submits that before the date of superannuation the petitioner was entitled to second time bound promotion in terms of the prevailing time

Patna High Court CWJC No.19682 of 2019 dt.24-09-2019 2/2 bound promotion scheme. Even otherwise he was entitled to benefit under the ACP Rules.

4. Considering the aforesaid, the writ petition is disposed of with direction to the respondents to examine the claim of the petitioner and if it is found that the petitioner had completed 25 yeas of service before December, 1995, the respondents may consider the case of the petitioner for grant of second time bound promotion and in the event the second time bound promotion is not available, the respondents may consider the case of the petitioner for grant of benefit under the ACP Rules, if otherwise the petitioner is qualified for the said promotion. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order .

5. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2019 Transmission Date NA