JUDGMENT :

Heard.

1.Appellant has filed this Writ Appeal against the order dated 14-9-2009 passed by the learnedSingle Judge of this Court in Writ Petition No. 774/2009 (s).

2.Appellant filed the aforesaid Writ Petition before this Court challenging orderdated 18-9-2007, by whichthe benefit of time bound promotion pay scale granted to the appellant of Rs. 4500-7000 has been withdrawn and the pay of theappellant has been fixed in the pay scale of Rs.4000-6000.

3.The appellant was appointed as Lower Division Clerk by an order dated 28th September, 1981. In the year1987 he passed the examination of Subordinate Accounts Services. Thereafter,the appellant has been granted benefit of time bound promotion pay scale underthe Time Bound Promotion Scheme vide order dated 21st March, 2006 and he was placed in the pay scale of Rs. 4500-7000 w.e.f. 19th October, 2005. Thereafter, theappellant was considered and promoted to the post of Head Clerk vide orderdated 2nd July, 2007. Herefused to join on the post of promotion as Head Clerk and on his refusal tojoint on the post of promotion vide an order dated IIthDecember, 2008 the benefit of time bound promotion pay scale granted to theappellant has been withdrawn and his pay has been fixed in the pay scale of Rs. 4000-6000. As per the appellant, the action of therespondent-Department in withdrawing the benefit of time bound promotion payscale to the appellant is arbitrary and illegal.

4.The respondent-State stated that the General Administration Department issuedcirculars dated 5th July, 2002and 23-9-2002 clarifyingthe position of the employees who did not join in pursuance to the order ofpromotion on the promotional post. As per the aforesaid circ