Chandramauli Kumar Prasad, J.

1. This application has been filed for quashing the order as contained in memo dated 26th July 2003 (Annexure-4), whereby it has been directed that for the purpose of time bound promotion the date on which the petitioner had acquired the graduate trained qualification shall be reckoned. Petitioners prayer is for grant of time bound promotion taking into account the date of his joining as Assistant Teacher on 19.10.1969.

2. Short facts giving rise to the present application are that the petitioner was appointed as Assistant Teacher and joined as such on 19.10.1969. Petitioner at the time of his joining possessed the qualifications of Bachelor of Arts and Master of Arts which examinations he passed in the year 1962 and 1964 respectively. Taking into account his date of joining as 19.10.1969 he was given the benefit of first time bound promotion with effect from 1.4.1981. The grant of first time bound promotion was found to be irregular in the adult report and accordingly, by order dated 10.7.1999 the direction was issued to recover the excess amount paid to the petitioner.

3. Petitioner aggrieved by the same preferred CWJC No. 3026 of 2000, Bhagwan Bhagat V/s. State of Bihar and Ors. before this Court inter alia contending that as he was appointed on 19.10.1969 he was rightly given the first time bound promotion taking into account the date of his initial appointment. This Court found that the case of the petitioner to be covered by the decision of this Court in the case of Bharat Prasad Chourasia V/s. State of Bihar, 2002(1) PLJR 329, particularly paragraphs 13 and 14 of the judgment and accordingly allowed the writ application and directed the Director. Secondary Education to consider the claim of the petitioner afresh in the light of the judgment of this Court in the case of Bharat Prasad Chourasia (Supra).

4. In the light of the aforesaid order of this Court petitioner filed representation and by the impugned order the time bound promotion given to the petitioner taking into account the date of his joining was directed to be modified from the date the petitioner obtained the graduate trained qualification and it has been directed that the excess amount paid to the petitioner on account of grant of time bound promotion taking into account the date of appointment as Assistant Teacher be recovered. Inspite of opportunity having been given to the respondent, they have not chosen to file the counter affidavit.

5. Mr. Tara Nath Jha appearing on behalf of the petitioner submits that the matter stands concluded by the judgment of this Court in the case of Bharat Prasad Chourasia (Supra) and while passing the impugned order the Director had not taken into account what has been said by this Court in paragraphs 13 and 14 of the said judgment. He points out that as the petitioner was appointed prior to 18.9.1972 qualifying period for time bound promotion will be computed from the date of his Initial appointment: He draws my attention to paragraphs 13 and 14 of the judgment-which read as follows :-

"But, then came letter, dated 27.4.1987 which substantially altered the position. The subject of this letter is the grant of time bound promotion to the teachers of nationalised high school and in paragraphs 2 and 3 it is stated as follows :-

2. Rajkiyekrit Madhiyamik Vidyalay Ke Sahayak Sikshiko Ko Kalbadh Pronnati Dene Ke Liye Vibhagiye Patrank-35, Dinak 13.1.86 Dwara Aadesh Diya Ja Ghoka Hai, Punah Ishka Aspastikaran Bhi Vibhagiye Patrank 481 Dinak 25.8.1986 Ke Dawara Diya Ja Choka Hai.

3. Jahan Tak 18.9.72 Ke Purwa Niyukti Aprsikshit Skishako Ka Prashna hai We Bhi Awar Shereni Ke Sishak Mane Gaya Hai. Aiyshe Sikshako Ko Do Vetanman Mil Rahe Hai. Jo Aprasikshit hai Unhe 730-1080 Aur Jo Prasikshit Ho Gaya Hain Unhe 850-1360 Rupiye. Kalbadh Pronnaiti Dene Ke Liye Inki Sewa Ke Ganna Apraqsikshit Sikshak Ke Roop Mein Unki Niyukti tithi Se Ki Gai Hai. Waise Aprasikshit Sikshak Jo Ab Prasikshit Ho Gaye Hain U