@JUDGMENTTAG-ORDER
Navin Sinha, J.@mdashHeard learned Counsel for the Petitioner and the learned Counsel for the State as also the Counsel for the Respondent No. 5.
2. The Petitioner who retired on 31.10.2001 from the post of Assistant seeks the relief for grant of 1st and second time bound promotions with effect from 1.4.1981 and 6.9.1991 respectively.
3. In view of the fact that he does not seek substantive promotion affecting seniority right of others this Court does not uphold the objection of delay raised on behalf of the Respondents.
4. The counter affidavit of the Respondents contends that the Petitioner did not clear the Accounts examination and therefore was not entitled to the 1st time bound promotion and consequently the second time bound promotion.
5. Counsel for the Petitioner has rightly relied upon a Bench decision of this Court in Ram Yash Rai Vs. State of Bihar and Others, which in turn explains the Full Bench decision reported in 2000 (4) PLJR 263 (Maheshwar Prasad Singh v. State of Bihar and Ors.) From para 5 of the judgment in the case of Ram Yash Rai it is apparent that the Full Bench has opined that the requirement for passing of the final examination in Accounts was not applicable between the period 1.5.1980 to 29.3.1982. The Petitioner claims his first time bound promotion with effect from 1.4.1981. The Full Bench further explains that if the eligibility of time bound promotion fell within the permissible period the second time bound promotion follows as a matter of course. Additionally in the case of Ram Yash Rai it stands explained in para 6 that in view of the subsequent circular dated 21.11.2000 (24.12.2000) that persons entitled to 1st time bound promotion prior to 1.9.1983 are not required to pass the departmental examination. Whether it be Full Bench decision or the case of Ram Yash Rai the Petitioner has made out his case to be considered for 1st and second time bound promotions. Let the same be done and appropriate orders with consequential benefits be passed within a maximum period of four months from the date of receipt and/or presentation of a copy of this order.
6. The Petitioner is at liberty to represent for any other surviving grievances.
7. The writ application stands disposed.
