IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9854 of 2009 SUNIL KUMAR RAM, SON OF LATE PARMESHWAR RAM RESIDENT OF MOHALLA CHHOTI DAULATPUR, POLICE STATION JAMALPUR, DISTRICT MUNGER----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-ENGINEER-IN-CHIEF, BUILDING AND CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE DEPUTY SECRETARY-CUM-CHIEF ENGINEER, BUILDING AND CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. THE SUPERINTENDENT ENGINEER, BIHAR BUILDING AND CONSTRUCTION DEPARTMENT, DIVISION, BHAGALPUR. 5. THE EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BHAGALPUR DIVISION, BHAGALPUR. 6. THE SECRETARY TO THE COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR---RESPONDENTS. ----------- 03. 19.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner who served as Correspondence Clerk-cum- Typist in the Education Department is aggrieved by the office order No.35 contained in Memo No. 892 dated 30.7.2007, Annexure-1 whereunder his time bound promotion granted with effect from 6.7.1992 in the scale of 1400-2300/- has been cancelled for his failure to pass the departmental examination on the date of grant of such time bound promotion. 3. It is submitted on behalf of the petitioner that he passed the departmental examination in the year 1996 as prior thereto no such examination was ever held, as such he had no occasion at all to appear and pass the examination and if the authorities of the Government did not hold such examination petitioner cannot be panelized for having failed to appear and pass the examination. I see substance in the submission but cannot proceed with the submission as no such averment has been made in the writ application. - 2 - 4. Accordingly, I direct the petitioner to pursue his representation dated 22.12.2008, which is addressed to the Engineer- in-Chief-cum-Additional Commissioner, Building Construction Department, Government of Bihar, Patna and is contained in Annexure-4 to this application. Petitioner is given liberty to file further representation stating the aforesaid fact in clear terms and the Engineer-in-Chief-cum-Additional Commissioner, Building Construction Department, Government of Bihar, Patna shall be obliged to consider the representation dated 22.12.2008 as also the further representation, which will be filed along with a copy of this order as early as possible, in any case within two months from the date of receipt of the further representation. It shall be open to the petitioner to apply for interim relief before the Engineer-in-Chief- cum-Additional Commissioner, Building Construction Department, Government of Bihar, Patna 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)