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1998 Supreme(Pat) 788

S.N.MISHRA
Abdul Qayum Ansari – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Obaidur Rahman.
For the State: Mr. S.J. Rahman.
For Accountant General: Mr. S.N. Pathak.

ORDER

1. After having heard the learned counsel for the parties and going through the, pleadings, this writ application is being disposed of at the admission stage itself. Pursuant to the order dated 28.10.1998 the Director of Animal Husbandry as well as the District Provident Fund Officer, Khagaria, are present in this Court. It is submitted that all the pensionary benefits legally payable to the petitioner have been paid to him in between 1996 and 1997. So far the G.P.F. amount is concerned it is staid that the same has been paid on 15.10.1998 and 7.11.1998. Now only grievance of the petitioner in this case is that though he retired after completing 38 years of service yet two time bound promotions, which are legally entitled to, have not been given so far.

2. A counter affidavit has been filed on behalf of the State respondents wherein, inter alia, it is stated that though he has completed 38 years of service yet he has not been given promotion due to non-passing of the Hindi Noting and Drafting examination. It is well settled principle of law by now that 1st time bound promotion has to be given to the employee after he/she completes 10 years of service and after completion of 25





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