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1999 Supreme(Pat) 1093

SUDHANSU JYOTI MUKHOPADHAYA
Lala Devendra Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.J.Mukhopadhaya, J.

1. The petitioner has preferred the writ petition for direction on the Respondents to consider his case for 1st and 2nd Time bound promotions, the same having not granted.

2. The brief fact of the case is that the petitioner was initially appointed as Lower Division Clerk (L.D.C.) on 20th January, 1949 in the Office of Cane Officer, Samastipur. Subsequently, he was never promoted to any higher post and ultimately retired from service on 31st July 86.

3. During the service period, the post of L.D.C. was merged with the next higher post of Upper Division Clerk (U.D.C.) in 1980 whereinafter it was provided with common nomenclature of Clerk (commonly called as Assistant) and because of such merger, the petitioner merely got the higher salary on such merger.

4. The Respondent State framed policy for time bound promotion by Resolution dated 30th December 81 with effect from 1.4.1981, but petitioner was not provided with time bound promotion. Representation was filed by petitioner, lastly on 30th August 95, but no relief having granted, the writ petition has been preferred.

5. In the counter affidavit, the Respondents have taken plea that the petitioner never









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