Heard counsel for the parties.

2. Petitioner has retired on 30.06.2008 from the post of Excise Constable while working under the Respondent No. 4 - Assistant Commissioner, Department of Excise and Prohibition, Dhanbad. He has prayed for grant of ACP benefits.

3. Petitioner was appointed on 08.07.1974 on the same post in the Government of Bihar, Department of Excise and has been granted first time bound promotion on 16.07.1985. Though explicitly, no prayer for second time bound promotion has been made, but learned counsel for the petitioner, during course of submissions, relied upon the contents of the writ petition, to submit that the petitioner was also entitled to second time bound promotion. Petitioner has prayed for grant of ACP as he completed about 34 years in service till his retirement.

4. As is revealed from the pleadings, petitioner completed 25 years of service to be eligible for second time bound promotion only in the year 1999 by which time, provisions of time bound promotion have been rendered inoperative in view of implementation of 5th Pay Revision from 01.01.1996. In that regard therefore, judgment relied upon by the petitioner in the case of Ramjee Prasad Sin