IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8442 of 2010 1. Akhilesh Kumar Srivastava S/O Late Deopujan Srivastava R/O Village + P.O.- Mahdah, P.S.- Buxar, Distt.- Buxar Versus 1. The State Of Bihar Through The Secretary Finance Department 2. The Secretary, Irrigation Department, State Of Bihar 3. The Chief Engineer Water Resources Department, Dehri, Rohtas 4. The Deputy Collector Revenue Division, Buxar ---------------------------------- 4. 20.10.2011 Heard learned Counsel for the petitioner and the State. The petitioner was granted first time bound promotion on 8.10.1989 with effect from 7.1.1987. It is acknowledged that he could not clear the first paper in the Accounts Examination held on 9.10.1993. It is submitted that there are no allegations of any fraud or misrepresentation by him to obtain the time bound promotion. He was not aware of the fact that passing of the Accounts Examination was mandatory for such benefits. The cancellation of the first time bound promotion on 13.6.2009 on that ground alone is grossly inequitable. The last submission is that the petitioner has again appeared in the failed paper of Accounts Examination and his result is awaited. Counsel for the State submits that since these statements are being made out of the record he is not in a position to make any submission upon the same. On the own showing of the petitioner the writ application is premature and much may be dependent on the outcome of his result when the order dated 13.6.2009 shall necessarily have to abide by the same. The writ application stands disposed in the aforesaid terms. Snkumar/- (Navin Sinha,J.)