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2003 Supreme(Pat) 928

AFTAB ALAM
Brijanand Ojha – Appellant
Versus
Bihar State Housing Board – Respondent


Judgment

1. The petitioner retired from service on 31.1.1993. At time of retirement he worked as Incharge Accountant in the Bihar State Housing Board and the monthly pay last drawn by him was Rs. 2450/- which was fixed on the basis of two time bound promotions allowed to him vide office order no. 21, dated 22.2.1990 issued by the Secretary (on the direction of the Managing Director of the Board). The first time bound promotion was allowed to the petitioner w.e.f. 1.4.1981 and the second w.e.f. 6.7.1985. Later the time bound promotions granted to the petitioner were also approved by the Building Construction & Housing Department of the government but finally by an office order issued by the Dy. Secretary in the Government department under memo no. 764, dated 5.7.2000 the time bound promotions allowed to the petitioner were rescinded and all orders/letters by which the promotions were granted/ approved were cancelled. From the office order dated 5.7.2001 it appears that the decision was taken in consultation with the Finance Department that pointed out that because the petitioner had not passed the departmental Accounts examination, he did not fulfil eligibility criteria and he was no








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