IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.51 of 2009 1. The State of Bihar, through the Secretary, Water Resources Department, Siinchai Bhawan, Patna, 2. The Joint Secretary, Water Resources Department, Siinchai Bhawan, Patna, 3. The Deputy Secretary, Water Resources Department, Government of Bihar, Siinchai Bhawan, Patna, …Respondents/Appellants versus 1. Ram Briksh Singh son of late Ram Sharan Singh, resident of village Semara Dhushi, P.S. Kasia, District Kushi Nagar(U.P.)… … Petitioner/Respondent 2. The Accountant General, Bihar, Birchand Patel Path, Patna, …Respondent/Respondent …….. 5 17.04.2009 Heard learned counsel for the parties. The writ petitioner, who is respondent in this appeal, was allowed to work by notification no. 346 dated 6.2.1980 on the post of Assistant Engineer on current charge basis in the scale of Junior Engineer. He was granted regular promotion retrospectively with effect from 27.12.1978 vide notification dated 11.09.1996, as contained in annexure 7 to the writ petition. But he was denied increments on the basic pay of Assistant Engineer by order dated 25.01.2002, as he had failed to clear the departmental examinations within the time. As per the Service Rules to get regular increments the writ petitioner 2 was required to pass the departmental examinations in A, B and C papers within two years from the date of joining on the promotional post, as mentioned in Appendix-IV of the P.W.D. Code. The writ petitioner was granted regular promotion by notification dated 11.09.1996. It is the case of the writ petitioner that as per the Rules two departmental examinations were to be conducted every year. Even before his regular promotion the writ petitioner was allowed in the written test conducted once in 1994.The writ petitioner participated in the departmental examination conducted in 1996 and he passed only in B and C papers, but he did not pass in A paper and he retired on 31.07.1998. It is the further case of the writ petitioner that after the test conducted in 1996, no further test was conducted till he retired from service. As per the Rules, one has to pass the departmental examinations within two years of promotion, but later it was extended to three years. The learned single Judge found that since no opportunity was given to the writ petitioner after 1996 for a second chance, his increments cannot be denied. In the counter affidavit filed by the appellants in the writ petition, it is not 3 stated that any test was conducted in the year 1997 or 1998 before he retired on 31.07.1998. Therefore, the learned single Judge held as follows:- “In view of the fact that the petitioner has already cleared the papers in the B and C category and was denied the opportunity to appear in the paper-A for reasons beyond his control, attributable to the respondents themselves well within the limitation of two years, this Court holds that he shall be entitled to his annual increments on the basic pay of Assistant Engineer from the date of his promotion.” We are of the view that the judgment passed by the learned single Judge is in individual case considering the facts and circumstances of that case alone and the judgment was rendered on the basis of equity and natural justice; as such, no interference is required in intra court appeal. In the facts and circumstances of the case, we see no ground to interfere with the judgment passed by the learned single Judge of this Court. This Letters Patent Appeal is, accordingly, dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)