IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18155 of 2010 1. DILIP KUMAR LAL, SON OF LATE BIJENDRA NARAYAN LAL. 2. RANJEET CHOUDHARY, SON OF HARISH CHANDRA CHOUDHARY. 3. UTSA CHAKRAVARTI, SON OF LATE RADHENDRA NATH CHAKRAVARTI. 4. SMT. RANJU BHATTACHARYA, WIFE OF SHANKAR BHATTACHARYA. 5. MD. MANJOOR ALAM, SON OF ABU BAKAR ALI. 6. PARMANAND CHOUDHARY, SON OF ASHARFI LAL CHOUDHARY. 7. MD. WAHID, SON OF LATE ABULKADIR BAX, RESIDENT OF VILLAGE- HAFLAGANJ, P.S.- MANSAHI, DISTRICT- KATIHAR, 8. GRIJESH KUMAR DIWAKAR, SON OF LATE PARMANAND LAL- P.S. & DISTRICT- KATIHAR. 9. RAJENDRA CHOUDHARY, SON OF KEDAR NATH CHOUDHARY, RESIDENT OF VILLAGE- KUMARIPUR, P.S. & DISTRICT- KATIHAR. PETITIONER NO. 1 TO 6 ARE 3RD GRADE EMPLOYEES OF ZILA PARISHAD, KATIHAR :--------------------PETITIONERS. Versus 1. ZILA PARISHAD,KATIHAR 2. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, KATIHAR. 3. THE CHAIRMAN, ZILA PARISHAD, DISTRICT- KATIHAR :---OP.-RESPONDENTS. ----------- For the petitioners : Mr. NarayanSingh, Senior Advocate. Mr. Birendra Kumar Singh, Advocate. For the Respondents : M/S K.B.Nath & Shyam Bihari Singh, Advocates. ======= 3. 22.11.2010. Heard learned counsel for the petitioners and the counsel for the Zila Parishad, who has also filed counter affidavit supporting the contents of the order bearing Memo No. 383 dated 08.06.2010 passed in compliance of the orders of this Court dated 27.04.2010 in C.W.J.C.No. 6313 of 2010. 2. It appears under the impugned order the request of the petitioners for grant of second time bound promotion has been rejected on the ground that they have not passed the Departmental Accounts Examination, as such, are not entitled for grant of second time bound - 2 - promotion. In support of such plea reliance is placed on the resolution of the Government dated 16.03.1991, Annexure-A to the counter affidavit. 3. Counsel for the petitioners states that petitioners having attained the age of 50 years are entitled for grant of second time bound promotion as those who have attained the age of 50 years are required to be exempted from passing the Departmental Accounts Examination in the light of the circular of the State Government bearing no. 3142 dated 10th July, 2007, whereunder the earlier circular which was issued by the Personnel Department of the State Government bearing no. 4674 dated 15.05.1992 in continuation of the resolution of the Government dated 16.03.1991, Annexure-A which has been relied upon in the impugned order has been modified considering the fact that the Departmental Accounts Examination was not conducted by the authorities for many previous years and in appreciation of such fact the Government itself decided to grant time bound promotion to those who attained the age of 50 years but could not pass the Departmental Accounts Examination. 4. It appears, while reducing the emoluments payable to the petitioners under Statement-A dated 29.08.2009, referred to in the earlier orders of this Court dated 27.04.2010 the authorities of the Zila Parishad did not take into account the circular of the State - 3 - Government dated 10th July, 2007 and proceeded to reduce the emoluments payable to the petitioners by Rs. 100/-. It is submitted that had the authorities taken into account the circular of the State Government dated 10th July, 2007, the emoluments payable to them may not have been reduced to Rs. 6200/- ignoring the earlier Statement-A dated 30.06.2008, whereunder Rs. 6300/- was fixed as their monthly emolument. 5. Having heard counsel for the parties, I set aside the order dated 08.06.2010, Annexure-1 and remit back the matter to the Deputy Development Commissioner to consider the matter afresh in the light of the circular of the State Government bearing letter no. 3142 dated 10th July, 2007 and if the authorities are satisfied that petitioners are entitled for grant of exemption from passing the departmental examination, as is required under circular dated 10th July, 2007, their case be considered for such exemption. Appropriate final orders in the light of this order be passed by the D.D.C., Katihar, as early as possible, in any case before 15th January, 2011. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)