IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9734 of 2003 ***** Balmiki Das, son of Dasrath Das, resident of Village Katahara, P.S. Sultanganj, District- Bhagalpur. …. …. Petitioner Versus 1. The State of Bihar. 2. Secretary, P.W.D. Vishwashariya Bhawan, Patna. 3. Superintending Engineer (Mechanical) National Highway Mechanical Circle, Punaichak, Patna. 4. Chief Engineer (Mechanical) R.C.D. Mechanical Wing, Patna (Vishwasariya Bhawan), Patna. 5. Engineer-in-Chief, R.C.D., Bihar, Patna (Vishwasariya Bhawan). 6. Executive Engineer (Mechanical), National Highway, Mechanical Division, Nawada. 7. Accountant General (A&E)-II, Bihar, Patna. 8. Assistant Account Officer, Bihar, Patna. …. …. Respondents ----------- 7. 20.1.2009. Based on the decision rendered in the case of Lala Devendra Prasad v. State of Bihar, 2000(1) PLJR 228. Learned counsel for the petitioner submits that merely because he did not pass the departmental examination of accounts, does not mean that he shall be denied the benefit of promotion with effect from 16.1.1989, which was the time bound promotion. An objection has been raised by the Accountant General that the promotion in question is not available to such persons, who have not passed the departmental examination. But in view of the decision rendered by the High Court in the case of Lala Devendra Prasad (supra) the matter is remanded back to the Executive Engineer, Mechanical, National Highway, Mechanical Division, Nawada, respondent no.6, who shall hear the petitioner on the question taking into consideration the circulars in this regard and advice the Accountant General accordingly so that the issue of retiral dues of the petitioner can be settled at the earliest. A decision by the respondent no.6 shall be within - 2 - a period of three months from the date of communication/production of a copy of this order after hearing the petitioner on the issue. The writ application stands disposed of with the above direction. Pawan/- (Ajay Kumar Tripathi, J.)